| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2011] NZERA Christchurch 16 |
| Hearing date | 13 Aug 2010 |
| Determination date | 28 January 2011 |
| Member | M B Loftus |
| Representation | A Sharma ; P McBride |
| Location | Nelson |
| Parties | Muldoon v Nelson Marlborough District Health Board |
| Summary | UNJSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed – Respondent argued applicant could not have been dismissed given casual employee status – Applicant claimed became permanent full time employee during employment – Applicant engaged on an as and when required basis though offered reasonable number of engagements – Applicant accepted offer of casual employment on full time basis for finite period – Applicant subsequently unsuccessful in application for permanent position – Respondent’s perspective that filling of vacancies meant temporary arrangement with applicant at end – Authority found if applicant permanent then removal from roster clearly dismissal – If applicant casual then removal from roster permissible and relationships cessation attributed to applicant’s decision to refuse offers of work – Authority found applicant’s status not changed to permanent full time – Found applicant accepted arrangement with respondent initially temporary and occasioned by co-workers absence – Found applicant accepted upon co-workers return would revert to casual employment – Authority noted real nature of applicant’s complaint that dissatisfied with respondent’s decision not to appoint to permanent vacancy – Found in absence of clear contractual right, non appointment could not found personal grievance – Registered Nurse |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Southern Local Government Officers' Union v Timaru District Council [1991] 2 ERNZ 932;Victoria University of Wellington v Haddon [1996] 1 ERNZ 139 ; [1996] 2 NZLR 409 |
| Number of Pages | 7 |
| PDF File Link: | 2011_NZERA_Christchurch_16.pdf [pdf 22 KB] |