| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 197/08 |
| Determination date | 19 December 2008 |
| Member | P Cheyne |
| Representation | MJ Thomas ; P Churchman |
| Location | Christchurch |
| Parties | Atley v Southland District Health Board |
| Summary | APPLICATION FOR REMOVAL TO EMPLOYMENT COURT – Applicant alleged unjustified disadvantage and discrimination due to disability – Claimed questions would arise under Human Rights Act 1993 (“HRA”) – Authority found discrimination claims under HRA were for institutions established under HRA, not Authority – However, unlawful discrimination allegation also effectively raised personal grievance claim as defined in s103(1)(a) ERA – Authority not aware of proceedings under HRA so found applicant must be taken to have selected Authority’s jurisdiction – Authority found s22 HRA not relevant as s104 ERA exhaustively defined discrimination, and applicant selected Authority's jurisdiction – Found question of whether respondent breached s104 ERA was mixed question of fact and law but did not raise important question of law – Application of s29 and s35 HRA also mixed question of fact and law involving consideration of reasonable expectations or impositions on respondent in circumstances, not giving rise to important questions of law – Authority noted not for Authority, nor Court on removal, to answer applicant’s hypothetical questions which did not arise from facts of grievance – Found whether applicant had obligation to disclose disability prior to employment or transfer was mixed question of fact and law and arose incidentally as may be relevant to remedies if grievance established – No grounds established to enable matter to be removed to Court - Investigation meeting to be arranged - Nurse |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s103(1)(c);ERA s104;ERA s104(3);ERA s106;ERA s112(3);ERA s178(2)(a);Human Rights Act 1993;Human Rights Act 1993 s22;Human Rights Act 1993 s29;Human Rights Act 1993 s35 |
| Number of Pages | 3 |
| PDF File Link: | ca 197_08.pdf [pdf 16 KB] |