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New Zealand Educational Institute Te Riu Roa Inc v Lyman, Acting as the Comissioner of Linwood Intermediate School & Ors
2 Nov 2006, D Asher, WA 152/06, (8 pages)
DISPUTE - Other respondents required to act with Secretary for Education on matter - Secretary claimed collective employment agreement ("CEA") not intended to apply in circumstances - Alternatively, submitted Insufficient evidence to show requirements of CEA met - CEA provided where sickness traced directly to conditions or circumstances of work, paid sick leave not to be debited from teacher's sick leave balance, instead to be "disregarded sick leave" - Applicant claimed member's illness directly traceable to severely dysfunctional working environment and employer's inadequate attempts to address matters - Secretary argued provision intended to cover physical disability arising out of physical conditions or circumstances, e.g. infectious illnesses - Provision in response to 1919 influenza pandemic - Claimed no justification for extending entitlement to employment relationship problems and unnecessary and inappropriate to attempt to pursue grievance through strained interpretation of CEA - Dictionary definition of "sick" included mental illness - Authority did not accept original 1919 provisions reliable indicators of terms and conditions agreed in recent versions of CEA - Inconceivable respondents, as good employers, could justify applying provisions by way of questionable, if not spurious, distinction to those suffering physiological illness, while depriving those afflicted with "psychological unwellness" - If person "psychologically unwell" it inevitably followed they were deemed to be sick - Provision to be available without distinction as to physiological or psychological sickness - Whether cause of sickness "can be traced directly to the conditions or circumstances under which the employee is working" separate matter to be determined case by case - If agreement not reached, could take matter further as arrears or lieu claim, or as personal grievance - Prudent for parties to take claim to further mediation in event could not reach prompt agreement
Result: Question answered in favour of applicant ; Orders accordingly ; Costs reserved
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