| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 523/10 |
| Determination date | 20 December 2010 |
| Member | Y S Oldfield |
| Representation | H.A Cull QC, R Fletcher ; M O'Brien, N Taefi |
| Location | Auckland |
| Parties | Bierre v Auckland District Health Board |
| Summary | PRACTICE AND PROCEDURE – Applicant sought certain evidence not be disclosed to Authority in consequent raising personal grievance matter – Respondent argued material in question not confidential and should be included in investigation as matter of natural justice – Applicant objected to paragraphs of witness statement of manager (“H”) and affidavit Doctor A – Respondent argued material not confidential as applicant consented to its use and disclosure could have no reasonable expectation of confidence – Also argued inclusion of material in Authority investigation consistent with intended purpose of disclosure for which consent given – Authority found Doctor A had applicant’s consent to pass certain limited information to H – Found proposed evidence went to heart of issues to be investigated by Authority – Found disclosure to Authority necessary for purpose of Authority investigation into vocational rehabilitation process and steps taken to maintain applicant’s safety – Found proposed evidence relevant to 90 day issue – Found H’s statement, attachments, and paragraphs 1 to 14 of Doctor A’s affidavit may be provided Authority – However, found Doctor A at paragraph 15 of affidavit made comments which exceeded scope of consent given by applicant and were not strictly opinion evidence – Found paragraph 15 of Doctor A’s affidavit to be excluded from evidence – Orders accordingly |
| Result | Orders accordingly ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s114(4);ERA s160(2);ERA s189;Evidence Act 2006;Evidence Act 2006 s69(2);Evidence Act 2006 s69(3);Health and Information Privacy Code 1994;Privacy Act 1993 |
| Cases Cited | Coy v Commissioner of Police [2010] ERNZ 199;Gill v AG [2010] NZCA 468;Maritime Union of New Zealand Inc v TLNZ Ltd [2007] ERNZ 593;Metargem v Employment Relations Authority & Ors [2003] 2 ERNZ 186;United Food & Chemical Union v Talley [1992] 1 ERNZ 756 |
| Number of Pages | 9 |
| PDF File Link: | aa 523_10.pdf [pdf 39 KB] |