| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2015] NZERA Wellington 111 |
| Determination date | 13 November 2015 |
| Member | Trish MacKinnon |
| Representation | G O'Sullivan ; H Kynaston, J Howes |
| Location | Wellington |
| Parties | Savage v Capital & Coast District Health Board |
| Summary | PRACTICE AND PROCEDURE – Determination of preliminary issue – Whether applicant permanent or casual employee – Nurse |
| Abstract | AUTHORITY FOUND –;PRACTICE AND PROCEDURE: Applicant’s hours varied each week by up to 20 hours a week. Applicant not rostered on for shifts over a week in advance. Any continuity of employment arose from respondent’s need to fill gaps in rosters. Applicant required to advise of unavailability for shift with only one or two hours’ notice. Notice of absence different than permanent employees required to give. Letter of offer described employment as casual. Applicant casual employee. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA |
| Cases Cited | Jinkinson v Oceana Gold (NZ) Ltd [2009] ERNZ 225 (EmpC);McDonald v Ontrack Infrastructure Ltd [2010] NZEmpC 132 |
| Number of Pages | 14 |
| PDF File Link: | 2015_NZERA_Wellington_111.pdf [pdf 131 KB] |