| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 196/08 |
| Hearing date | 10 Dec 2008 |
| Determination date | 19 December 2008 |
| Member | P Cheyne |
| Representation | L Brook ; J Beck |
| Location | Dunedin |
| Parties | Dunedin City Council v Brown |
| Summary | DISPUTE – Whether respondent contractually bound to be personally available on-call at all times to receive and respond to civil defence warnings and alerts – Respondent previously on-call outside ordinary working hours since employment began – Applicant submitted implicit agreement existed that respondent to continue to perform on-call duty – Authority considered individual employment agreement (“IEA”) and job description – Found respondent had obligation deduced by implication or interpretation of express terms of contract – From overall assessment of job description, found clear that key tasks clause in IEA included obligation for respondent to personally perform on-call duty – Term of employment that respondent primary person on-call for civil defence warnings in relevant area - Length of service twenty six years – Manager, civil defence and rural fires |
| Result | Questions answered ; Costs reserved |
| Main Category | Dispute |
| Statutes | Civil Defence Emergency Management Act 2002;ERA s242 |
| Cases Cited | Vickery v Waitaki International Ltd [1992] 2 NZLR 58 |
| Number of Pages | 6 |
| PDF File Link: | ca 196_08.pdf [pdf 25 KB] |