| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 393/10 |
| Hearing date | 13 Aug 2010 |
| Determination date | 31 August 2010 |
| Member | R A Monaghan |
| Representation | G Wang (in person) ; C Gordon |
| Location | Auckland |
| Parties | Wang v McConnell Dowell Constructors Ltd |
| Summary | BREACH OF CONTRACT – Applicant seriously injured in accident at work and not expected to return to former occupation – Applicant sought various forms of compensation from respondent – Sought reimbursement of proportion of past earnings while undertook study, reimbursement of expected tuition fees, and compensation for physical effect of some of injuries, physical effect of medical scans, and mental harm suffered by self and family – Applicant claimed respondent failed to take adequate safety steps, disagreed about application of clause in agreement between self as claimant and Work Aon, ACC case manager and respondent’s ACC service provider, and concerned independence of doctors being compromised – Applicant also claimed redundancy should not be implemented until certain medical procedures completed – Applicant sought declaration be made redundant at specified date – Authority found injury applicant suffered was personal injury covered by Accident Compensation Act 2001 (“ACC Act”) – Found s317(2) ACC Act prevented applicant from bringing any proceedings in respect of claim respondent failed to take adequate safety steps – Found to extent applicant’s claim may concern breach of contract, no claim for payment due under contract and remedy applicant sought amounted to claim for compensation as result of alleged breach – Found applicant’s general complaints not justiciable – Found neither damages nor compensation available in respect of matters arising directly or indirectly from personal injury applicant suffered – Found any dispute about arrangements for applicant’s vocational rehabilitation fell within dispute resolution provisions under ACC Act or through Work Aon – Found claims for compensation based on physical effects of injuries barred by s317(1) ACC Act – Found applicant’s form of mental injury barred – Found applicant’s employment had not terminated – Found no legal or factual basis on which Authority could determine applicant’s employment would end by reason of redundancy – Applications declined |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Breach of Contract |
| Statutes | Accident Compensation Act 2001 s26(1);Accident Compensation Act 2001 s317;Accident Compensation Act 2001 s317(1);Accident Compensation Act 2001 s317(2);Accident Compensation Act 2001 s317(2)(b);Accident Compensation Act 2001 s317(3) |
| Cases Cited | Brittain v Telecom Corporation of NZ Ltd [2001] ERNZ 647 (CA) |
| Number of Pages | 6 |
| PDF File Link: | aa 393_10.pdf [pdf 178 KB] |