| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 12 |
| Hearing date | 18 and 19 Oct 2016 (2 days) |
| Determination date | 23 January 2017 |
| Member | H Doyle |
| Representation | S Zindel ; P McBride |
| Location | Nelson |
| Parties | Watt v Nelson/Marlborough District Health Board |
| Summary | PRACTICE AND PROCEDURE – Whether applicant permanent or casual employee – UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Incapacity - Applicant claimed unjustifiably dismissed by failure to offer further shifts – Applicant claimed unjustifiably dismissed by respondent – Nurse |
| Abstract | AUTHORITY FOUND –PRACTICE AND PROCEDURE: Applicant casual employee at relevant date.UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Respondent considered applicant to still be part of casual pool subject to medical fitness to return to work. No deliberate decision made not to offer applicant shifts. No dismissal. Respondent not required to offer applicant shifts until applicant medically fit to return to work. No light duties available for casual employees. Applicant not disadvantaged by failure to offer shifts as applicant unable to perform duties. No unjustified disadvantage. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s66 ; ERA s66(6) ; ERA s66(6)(a) |
| Cases Cited | Bay of Plenty Health Board v Rahiri [2016] NZEmpC 67 ; Hull v Department of Labour ERA Auckland AA68/06, 9 March 2006 ; Jinkinson v Oceana Gold (NZ) Ltd [2009] ERNZ 225 (EmpC) ; MacDonald v Canoe Racing New Zealand [2011] NZERA Auckland 60 ; Muldoon v Nelson Marlborough District Health Board [2011] NZEmpC 103, [2011] ERNZ 271 ; Savage v Capital & Coast District Health Board [2016] NZEmpC 83 ; Schneller v Ranworth Healthcare Ltd (2007) 4 NZELR 463 (EmpC) ; Thompson v Tauranga Environment Centre Charitable Trust [2011] NZERA Auckland 184 ; Watt v Nelson Marlborough District Health Board [2016] NZERA Christchurch 46 |
| Number of Pages | 25 |
| PDF File Link: | 2017_NZERA_Christchurch_12.pdf [pdf 307 KB] |