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  • Department of Labour reasonable not to investigate accident of primary student on extra-curricular activity

    Case notes
    Primary school student training for cross country competition on mountain road struck by motor vehicle – training sanctioned by school as an extra curricular activity—OSH declined to investigate—father complained to Ombudsman—Ombudsman examined provisions of Health and Safety in Employment Act—satisfied that OSH had no jurisdiction to investigate as accident did not fall within the definitions of ‘place of work’ or ‘work’ in s.2(1) as occurred outside school grounds—Police investigation limited to criminal liability—Ombudsman identified no mechanism in place for ensuring accountability by schools in providing safe environment for students outside school gates—Ombudsman approached OSH, Ministry of Education and Minister of Labour about his concerns – Ministry confirmed it was developing policy to address this and agreed to keep Ombudsman informed—Ombudsman advised complainant he was satisfied OSH’s original decision was reasonable
  • Tenancy Tribunal’s officer changed Tribunal hearing date without authority

    Case notes
    Tenancy Officer changed a hearing date which amounted to an adjournment—following the Ombudsman’s inquiries, the Ministry of Housing (which managed the Tenancy Tribunal) accepted the tenancy officer failed to follow the law when agreeing to change the date of the hearing after the landlord requested the change—the Ministry sent a memorandum to all staff clarifying the role of Tenancy Services where a party asked for a date change—apology sent to the complainant