| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 339/09 |
| Hearing date | 6 Apr 2009 - 7 Apr 2009 ( 2 days) |
| Determination date | 28 September 2009 |
| Member | A Dumbleton |
| Representation | A Taylor ; G Peploe |
| Location | Auckland |
| Parties | Coombes v Waikato District Health Board |
| Summary | DISPUTE – Whether requirement for applicant’s position to be performed by nurse – Applicant relied on position description for requirement position be performed by nurse – Applicant argued because working as nurse eligible to be employed under multi-employer collective agreement (“MECA”) – Nursing Council viewed applicant’s work as that of nurse – Nursing Council required applicant to hold practising certificate in order to perform position – Respondent maintained position not nursing position – Applicant refused meeting to resolve issue because of Nursing Council’s findings – Applicant subsequently resigned – Authority found position description did not require position to be performed by nurse – Evidence applicant’s registration as nurse factor taken into consideration when decision made to appoint applicant – Evidence provided applicant not required to have clinical responsibility or make recommendations regarding clinical practice as nurse might – Found respondent acknowledged to applicant not required to be nurse for position – Found applicant saw financial attraction in being employed under MECA instead of individual employment agreement and became focus of disagreement – Found respondent reasonably reached conclusion position not that of nurse – Found applicant resigned because had different view from respondent – No personal grievance – RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 day period – Applicant claimed unjustified disadvantage – Applicant claimed resignation was constructive dismissal – Found grievance not raised within 90 days – Quality assurance/clinical auditor |
| Result | Questions answered ; Application dismissed ; Costs reserved |
| Main Category | Dispute |
| Statutes | ERA s103(3);ERA s114(1);ERA s160(3);Health Practitioners Competence Assurance Act 2003 |
| Number of Pages | 13 |
| PDF File Link: | aa 339_09.pdf [pdf 39 KB] |