| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 210 |
| Hearing date | 30 October 2014 |
| Determination date | 15 December 2014 |
| Member | Christine Hickey |
| Representation | A McKenzie ; P Shaw |
| Location | Auckland |
| Parties | Smart v Canterbury District Health Board |
| Summary | UNJUSTIFIED DISMISSAL - UNJUSTIFIED DISADVANTAGE - Dismissal - Applicant claimed unjustifiably dismissed by respondent or unjustifiably disadvantaged by respondent's withdrawal of employment offer - Applicant employed by respondent as dental therapy assistant - Applicant applied for dental therapist position and offered role conditional on applicant gaining annual practicing certificate - Protocol issued by Dental Council changed supervision requirements - Dental therapy assistant |
| Abstract | AUTHORITY FOUND -UNJUSTIFIED DISMISSAL - UNJUSTIFIED DISADVANTAGE: Offer not capable of being concluded contract as conditional on obtaining annual practicing certificate. Increased requirement for supervision akin to counter offer made by applicant. Respondent did not have, or did not wish to devote, required increase resources to assist applicant in obtaining certificate. Respondent entitled to reject offer . Applicant not intending to work as no concluded contract. No dismissal. No disadvantage as applicant remained employed as dental therapy assistant before, during and after application. No unjustified disadvantage. |
| Result | Application dismissed; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s6 |
| Number of Pages | 8 |
| PDF File Link: | 2014_NZERA_Christchurch_210.pdf [pdf 179 KB] |