| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2013] NZERA Wellington 33 |
| Hearing date | 29 Jan 2013 |
| Determination date | 25 March 2013 |
| Member | M Ryan |
| Representation | C McLorinan ; P Graamans |
| Location | New Plymouth |
| Parties | Taranaki District Health Board v Graamans |
| Summary | DISPUTE – Parties disputed whether position description created following restructure substantially similar to respondent’s previous position description – Parties disputed nature of respondent’s position – Restructure created generic position description across two departments at hospital – Current employees in both departments reconfirmed into positions based on generic position description – Whether new positions created and respondent entitled to redundancy – Whether respondent employed initially as staff nurse or emergency department staff nurse – Whether applicant could instruct respondent to work in different hospital department – Whether respondent would be lifting and transferring patients in other department – Previous back injury – Staff nurse |
| Abstract | AUTHORITY FOUND –;DISPUTE: Respondent already required to transfer patients with compromised mobility. Work required by generic position description substantially similar to duties required under respondent’s previous position description. No new positions created by restructure and respondent not redundant. Respondent originally offered employment as staff nurse based in emergency department and not as emergency department staff nurse. Even if respondent employed initially as emergency department staff nurse, respondent’s previous position description allowed applicant to require respondent to work outside emergency department. Questions answered in favour of applicant. |
| Result | Questions answered in favour of applicant ; Costs reserved |
| Main Category | Dispute |
| Statutes | ERA s174 |
| Cases Cited | Carter Holt Harvey Ltd v Wallis [1998] 3 ERNZ 984;Group Rentals NZ Ltd v Canterbury Clerical Workers IUOW [1987] NZILR 255;McCulloch v New Zealand Fire Service Commission [1998] 3 ERNZ 378;Nelson Timber Industry Employees’ Industrial Union of Workers v Nelson Pine Forest Ltd [1989] 1 NZILR 451;New Zealand Public Service Assoc v Land Corp Ltd [1991] 1 ERNZ 741;Pilgrim v Director-General New Zealand Department of Health [1992] 3 ERNZ 190;Silver Fern Farms Ltd v New Zealand Meat Workers and Related Trade Unions Inc [2010] ERNZ 317;Vector Gas Ltd v Bay of Plenty Energy Ltd [2010] 2 NZLR 444 |
| Number of Pages | 14 |
| PDF File Link: | 2013_NZERA_Wellington_33.pdf [pdf 266 KB] |