| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 86 |
| Hearing date | 16 Mar 2011 |
| Determination date | 20 May 2011 |
| Member | G J Wood |
| Representation | P Chemis ; B Manning |
| Location | Wellington |
| Parties | New Zealand District Health Boards v Association of Professional and Executive Employees Inc |
| Summary | DISPUTE – Applicants required to ensure provision of life preserving services during industrial action according to Code of Good Faith for Public Health Sector (“Code”) – Applicants claimed two issues subject to decisions of adjudicator under Code outside parties’ and therefore adjudicator’s jurisdiction – Applicants claimed adjudicator had no jurisdiction to set pay to be paid to striking employees who were required to be on call to provide life preserving services – Respondent claimed Code required not only negotiation of matters set out in Code, but also any other matter reasonably ancillary to prescribed matters – Authority found patient safety key focus of Code – Found applicants must request union’s agreement to maintain or assist to maintain services – Applicants claimed did not have to agree with union on whether patient’s clinical condition and clinical needs meant life preserving services necessary or agree on who should make decision or who should communicate decision to striking employee – Respondent claimed prescriptive approach inappropriate – Found applicants’ interpretation more consistent than respondents’ – Found parties may negotiate on broad range of issues but matters dealt with by adjudication only those provided for in Code – Found payment of striking employees was matter for parties not adjudicator – Found adjudicator had no jurisdiction |
| Result | Questions answered ; Costs reserved |
| Main Category | Dispute |
| Statutes | ERA Schedule 1B cl11;ERA Schedule 1B cl12;ERA Schedule 1B cl12(3);ERA Schedule 1B cl13 |
| Cases Cited | APEX v Capital & Coast DHB unreported, G Wood, 17 July 2007, WA 98/07 |
| Number of Pages | 5 |
| PDF File Link: | 2011_NZERA_Wellington_86.pdf [pdf 18 KB] |