| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 73/05 |
| Hearing date | 8 Apr 2005 |
| Determination date | 19 May 2005 |
| Member | H Doyle |
| Representation | S Dolby ; J Enright |
| Location | Christchurch |
| Parties | Hay v Waitaki District Health Services Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - Applicant not rostered on to perform after hours duty nurse shifts - Initially was removed from roster because of complaint from medical officer who would have had to work with on night shifts - Meeting about complaint - No unjustified disadvantage - Alleged had to withdraw from trauma nurse course because did not have necessary experience (since not on night shifts) - Applicant was advised by nursing/quality co-ordinator she could make an application for dispensation for her to attend the course - Applicant still chose to withdraw from course - Not respondent's responsibility - Concluded was no basis for medical officer's allegations - Applicant, incorrectly, saw outcome of meeting as taking action against her for purposes of reassuring medical officer and having her performance reviewed by another employee - Applicant wrote letter to hospital manager blaming him for situation - Hospital manager instructed inpatient co-ordinator not to roster applicant as after hours duty nurse - Not justified in doing so - Unjustified disadvantage - Remedies - Reinstatement to full rostering ordered - Reimbursement of lost wages for loss of expected higher hour salary - Nurse |
| Result | Application granted ; Reimbursement of lost wages ($1,320)(5 shifts per fortnight for 20 fortnights) ; Reinstatement ordered ; Costs reserved |
| Number of Pages | 6 |
| PDF File Link: | ca 73_05.pdf [pdf 32 KB] |