| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 261A/08 |
| Hearing date | 17 Sep 2008 : 18 Sep 2008 (2 days) |
| Determination date | 06 October 2008 |
| Member | D King |
| Representation | P Batrlett ; S Grice, M Beech |
| Location | Tauranga |
| Parties | Breeze v Bay of Plenty District Health Board |
| Summary | DISPUTE - Issue whether respondent gave applicant undertakings or alternatively created reasonable expectation that would support applicant in progressively credentialing him back to general surgery at specified hospital - Issue whether respondent also gave undertaking or, in alternative, created reasonable expectation would allow applicant to resume former role as general surgeon on completion of retraining programme in accordance with New Zealand Medical Council requirements - Applicant claimed on ordinary language approach to correspondence between parties clear evidence was agreement respondent to support applicant in progressively re-credentialing back into general surgery - Respondent claimed correspondence did not expressly state that on completion of credentialing programme respondent would re-employ applicant in former role - Respondent claimed not appropriate or necessary to imply such an obligation and to do so Authority would have to read words into correspondence that were not there - Respondent claimed not legally able to put applicant back into former roll until had passed credentialing process, both internal and external, and Medical Council had removed current restrictions on applicant’s current practising certificate as to permitted scope of practice - Claimed satisfactory completion of credentialing programme was condition precedent to respondent being obliged to undertake review of applicant’s role - Respondent claimed support for re-credentialing did not imply promise of job - Authority satisfied was agreement that once applicant’s retraining completed respondent would have him back and go through credentialing process to enable him to re-enter workforce as surgeon at specified hospital - Found applicant had completed retraining - Authority did not agree undertaking was intended to enable applicant to apply for jobs generally once retrained to return to general surgery - Authority agreed with respondent that no such intention was recorded in any of correspondence between parties - Found undertaking had to be for return to specified hospital - Found parties could return to mediation to discuss problem - Consultant general surgeon |
| Result | Questions answered ; Costs reserved |
| Main Category | Dispute |
| Statutes | ERA s61(1) |
| Number of Pages | 11 |
| PDF File Link: | aa 261a_08.pdf [pdf 46 KB] |