| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 37 |
| Hearing date | 6 Dec 2016 - 7 Dec 2016 (2 days) |
| Determination date | 20 March 2017 |
| Member | H Doyle |
| Representation | C Mayston, F Fitzsimons ; P Zwart |
| Location | Timaru |
| Parties | Sanderson and Ors v South Canterbury District Health Board |
| Other Parties | Sanderson, Beach, Chamberlain, Snuggs and Williams |
| Summary | DISPUTE - Parties disputed whether applicants were working when on call - When on call applicants required to report to work within 10 minutes - On call applicants lived at provided accommodation close to workplace - Anaesthetic technician |
| Abstract | AUTHORITY FOUND -;DISPUTE: 10 minute reporting time requires applicants to be away from family for extended periods. Applicants do not drink alcohol when on call. Applicants assess each activity they undertaken against their ability to respondent within 10 minutes. Applicants cannot carry out normal family activities or socialise in normal way. Applicants considerably less comfortable and more restrained at provided accommodation. Failing to report within 10 minutes could be life threatening. Significant responsibilities placed on applicants while on call. Respondent enjoys considerable benefit because on call system enables it to deal with acute emergency outside of normal hours. Time spent by applicants on call should be regarded as work. |
| Result | Question answered in favour of applicants ; Costs reserved |
| Main Category | Dispute |
| Statutes | Minimum Wage Act 1983 s6 ; Holidays Act 2003 s50(1) ; Holidays Act 2003 s59(3) |
| Cases Cited | Idea Services Ltd v Dickson [2009] ERNZ 116 (EmpC);Idea Services Ltd v Dickson [2011] NZCA 14, [2011] 2 NZLR 522;Landeshauptstadt Kiel v Jaeger [2003] IRLR 102 (ECJ);Law v Board of Trustees of Woodford House [2014] NZEmpC 25, [2014] ERNZ 576;New Zealand Air Line Pilots Association Inc v Air New Zealand Ltd [2008] ERNZ 62, (2008) 5 NZELR 367;New Zealand Professional Firefighters Union v New Zealand Fire Service Commisson [2011] NZEmpC 149;O'Brien (Labour Inspector) v Guardian Alarms (Auckland) Ltd [1995] 2 ERNZ 170 (EmpC);Sindicato de Medicos de Asistencis Publica [Simap] v Consellaria de Sanidad y Consumo de la Generalidad Valenciana [2000] ECR 1-7963;Truslove v Scottish Ambulance Service (EAT) [2014] ICR 1232 |
| Number of Pages | 22 |
| PDF File Link: | 2017_NZERA_Christchurch_37.pdf [pdf 235 KB] |