| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 18/04 |
| Hearing date | 20 Nov 2003 |
| Determination date | 19 February 2004 |
| Member | H Doyle |
| Representation | A McKenzie ; P Shaw |
| Location | Christchurch |
| Parties | Watt v Canterbury District Health Board |
| Summary | UNJUSTIFIED DISADVANTAGE - Alleged discrimination on basis of gender - Alleged breach of implied term of fair and reasonable treatment and express term of collective agreement - Applicant acting unit manager for period of time - Restructuring resulted in new clinical co-ordinator roles - Applicant applied unsuccessfully to new position - Alleged not involved in development of job description for new role - Consulted about draft - Unclear as to how could have been disadvantaged - Not disadvantaged by being referred to service manager to talk about new role - Another employee appointed to new position without advertising position - Applicant's substantive position not that of clinical co-ordinator - No legitimate expectation would be offered new role without appointment process - Allegations of gender bias in favour of females - Alleged was told he was heavy handed - No gender discrimination - Appointment and interview process fair and no bias of panel members proven - No unjustified disadvantage - No breach of implied term of fair and reasonable treatment or breach of collective agreement to act as good employer - Ongoing employment relationship - Parties encouraged to talk through issues - Clinical nurse specialist |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s104(1)(a) |
| Cases Cited | Battin v Western Bay Health Ltd [1998] 1 ERNZ 462;NZALPA v Air NZ Ltd [1992] 3 ERNZ 73;Victoria University of Wellington v Haddon [1996] 1 ERNZ 139 |
| Number of Pages | 12 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |