| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 204 |
| Hearing date | 24 & 25 Nov and 21 Dec 2016 & 29 Aug 2017 (4 days) |
| Determination date | 30 November 2017 |
| Member | C Hickey |
| Representation | B Manning ; P Churchman QC, C Kenworthy |
| Location | Christchurch & Invercargill |
| Parties | Glasson v Southern District Health Board |
| Summary | DISPUTE – Parties disputed which of two Multi-Employer Collective Agreements (“MECA”) covered applicant’s work – Applicant claims work only covered by sonographers MECA – Respondent claims applicant’s work solely covered by clinical physiologists MECA – Echocardiography Specialist Technologist |
| Abstract | AUTHORITY FOUND –;DISPUTE: Applicant is able to practice as both clinical physiologist and sonographer. Applicant falls under MECA coverage clauses of both clinical physiologists and sonographers. Applicant’s job title and description not determinative of work actually performed. Applicant holds required qualifications and can practice within scope of practice as sonographer. Role of sonographer and clinical physiologist are not determined by level of supervision. Applicant requested to be moved from clinical psychologist MECA to sonographers MECA in May 2013. Issue lies with respondent’s lack of consideration that applicants work could fall under a more favourable collective agreement. Substantial bulk of applicant’s work as sonographer and is covered under sonographers MECA. Respondent to pay applicant as if she had been on Sonographers MECA since June 2013 following applicant’s request to be moved to sonographers MECA. Parties to attend mediation to seek to agree how much respondent owes applicant. Questions answered. |
| Result | Questions answered ; Costs reserved |
| Main Category | Dispute |
| Statutes | ERA s54(3)(a)(i);ERA s56;Health Practitioners Competence Assurance Act s8;Health Practitioners Competence Assurance Act s11;Health Practitioners Competence Assurance Act s12 |
| Cases Cited | Aviation and Marine Engineers Association Inc v Air New Zealand [2013] NZEmpC 172;Wilson v Dalgety and Co Ltd [1940] NZLR 323 (SC) |
| Number of Pages | 21 |
| PDF File Link: | 2017_NZERA_Christchurch_204.pdf [pdf 288 KB] |