Legal bills at TE WHATU ORA/HEALTH NEW ZEALAND for vaccine mandates
Erika Whittome made this Official Information request to Health New Zealand
The request was successful.
From: Erika Whittome
Dear Health New Zealand,
The Employment Relations Authority has many determinations for staff who were terminated from their jobs due to vaccine mandates in which you and other DHBs are the respondent for these cases.
Regarding vaccine mandates, Clause 7 of schedule 3A of the Employment Relations Act 200 confirms that there is nothing which prevents "an employee whose employment agreement is terminated under subclause (3) from bringing a personal grievance or legal proceedings in respect of the dismissal".
Would you please share the costs to date of all legal costs responding to vaccine mandate claims in the Employment Relations Authority and in the Employment Court? Please include any disbursements as well, eg travel, accommodation, meals etc to any third party legal workers. Please include the costs for all claims that have commenced in the ERA and Employment court to date.
Yours faithfully,
Erika Whittome
From: hnzOIA
Health New Zealand
Tēnā koe,
Thank you for contacting Te Whatu Ora, Health NZ. This is an automatic
reply to confirm that we have received your email. Depending on the
nature of your request you may not receive a response for up to 20 working
days. We will try to respond to your query as quickly as possible.
Ngā mihi
Te Whatu Ora, Health NZ.
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From: hnzOIA
Health New Zealand
Tēnā koe Erika
Thank you for your email of 4 December 2023, asking for the following
information under the Official Information Act 1982 (the Act):
The Employment Relations Authority has many determinations for staff who
were terminated from their jobs due to vaccine mandates in which you and
other DHBs are the respondent for these cases.
Regarding vaccine mandates, Clause 7 of schedule 3A of the Employment
Relations Act 200 confirms that there is nothing which prevents "an
employee whose employment agreement is terminated under subclause (3) from
bringing a personal grievance or legal proceedings in respect of the
dismissal".
Would you please share the costs to date of all legal costs responding to
vaccine mandate claims in the Employment Relations Authority and in the
Employment Court? Please include any disbursements as well, eg travel,
accommodation, meals etc to any third party legal workers. Please include
the costs for all claims that have commenced in the ERA and Employment
court to date.
This email is to let you know that Te Whatu Ora needs more time to make a
decision on your request.
The Act requires that we advise you of our decision on your request no
later than 20 working days after the day we received your request.
Unfortunately, it will not be possible to meet that time limit and we are
therefore writing to notify you of an extension of the time frame, to 23
February 2025 under section 15A(1)(b) of the Act.
This extension is required because consultations necessary to make a
decision on your request are such that a proper response cannot reasonably
be made within the original time limit.
If you have any questions, please contact us at [1][Health New Zealand request email]
If you are not happy with this extension, you have the right to make a
complaint to the Ombudsman. Information about how to do this is available
at [2]www.ombudsman.parliament.nz or by phoning 0800 802 602.
Ngā mihi,
Ashley
Te Whatu Ora Ministerial Team
Ministerial Services
Te Whatu Ora – Health New Zealand
TeWhatuOra.govt.nz
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References
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1. mailto:[Health New Zealand request email]
2. http://www.ombudsman.parliament.nz/
From: hnzOIA
Health New Zealand
Kia ora Erika,
Thank you for your request under the Official Information Act 1982 (the
Act) for:
The Employment Relations Authority has many determinations for staff who
were terminated from their jobs due to vaccine mandates in which you and
other DHBs are the respondent for these cases.
Regarding vaccine mandates, Clause 7 of schedule 3A of the Employment
Relations Act 200 confirms that there is nothing which prevents "an
employee whose employment agreement is terminated under subclause (3) from
bringing a personal grievance or legal proceedings in respect of the
dismissal".
Would you please share the costs to date of all legal costs responding to
vaccine mandate claims in the Employment Relations Authority and in the
Employment Court? Please include any disbursements as well, eg travel,
accommodation, meals etc to any third party legal workers. Please include
the costs for all claims that have commenced in the ERA and Employment
court to date.
Pursuant to section 15(1)(a) of the Act, Te Whatu Ora, Health New Zealand
is writing to advise you that a decision has been made on your request;
however, it will take us some time to prepare the information for release.
As it stands, some information will be released, while other parts of the
request will be refused under 18(f) of the Act, as it would require
substantial collation and research.
We apologise for the delay, and endeavor to send you the information by 20
March 2024, but will endeavour to have it to you as soon as possible.
Under section 28(3) of the Act you have the right to ask the Ombudsman to
review any decisions made under this request. The Ombudsman may be
contacted by email at: [1][email address] or by calling 0800
802 602.
Nāku iti noa, nā
Ashley
Government Services
[2][Health New Zealand request email]
Health New Zealand | Te Whatu Ora
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References
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1. mailto:[email address]
mailto:[email address]
2. mailto:[Health New Zealand request email]
From: Erika Whittome
Dear hnzOIA,
I have made a complaint to the Ombudsman due to this OIA request not being answered and, not in the required statutory timeframe either.
Yours sincerely,
Erika Whittome
From: Erika Whittome
Dear hnzOIA,
Just following up: It’s April and the 20 Mar has passed already.
Yours sincerely,
Erika Whittome
From: hnzOIA
Kia ora Erika,
Thank you for your request for information regarding legal costs. Please
find attached our response to your request. We apologise for the delay in
providing a response.
If you have any questions, please get in touch at
[1][email address].
If you are not happy with this response, you have the right to make a
complaint to the Ombudsman. Information about how to do this is available
at [2]www.ombudsman.parliament.nz or by phoning 0800 802 602.
Government Services
[3][email address]
Health New Zealand | Te Whatu Ora
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References
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3. mailto:[email address]
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