| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 133/07 |
| Hearing date | 5 Jun 2007 |
| Determination date | 28 September 2007 |
| Member | J Crichton |
| Representation | P Cranney ; R Oakley |
| Location | Palmerston North |
| Parties | Rasmussen v Medlab Central Ltd |
| Summary | COMPLIANCE ORDER - DISPUTE - Applicant sought compliance with collective employment agreement (“CEA”) - Alleged incorrectly classified as medical laboratory assistant instead of medical laboratory scientist - Submitted CEA required she be paid as scientist as she had qualifications required by scientist coverage clause, notwithstanding fact originally appointed as assistant and irrespective of work actually performed - Respondent argued nothing prevented it from remunerating employees based on work performed and applicant’s work fell within terms of assistant - On evidence, applicant performing work of scientist and covered by scientist clause in CEA - Applicant entitled to declaration she be paid as medical laboratory scientist, entitled to back pay from date she met all qualifications for role - PRACTICE AND PROCEDURE - Respondent alleged proceedings begun more than six years after cause of action arose - Argument made out, however, applicant only met qualifications required by CEA for previous two years and limited her claim accordingly, so claim able to proceed - BREACH OF CONTRACT - Applicant’s allegation failure to recognise her as scientist breached terms fair and reasonable treatment already dealt with by application of CEA - Additional claim of disparity of treatment - Scientist hours available on other shifts but applicant unable to change shifts due to family commitments - Considered respondent should have reassigned scientist hours to her shifts as appeared to have done for other employee - Authority accepted other employee in “personal to holder” situation - No breach of contract or fair and proper treatment requiring compensation for non-economic loss - Medical laboratory scientist |
| Result | Application granted in part ; Orders accordingly ; Costs reserved |
| Main Category | Arrears |
| Statutes | ERA s5(a)(i);ERA s56(1)(b);ERA s142;Medical Laboratory Scientists Regulations 1982 |
| Number of Pages | 12 |
| PDF File Link: | wa 133_07.pdf [pdf 43 KB] |