| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 167 |
| Hearing date | 27 Oct 2011 |
| Determination date | 02 November 2011 |
| Member | P R Stapp |
| Representation | M Kelly ; I Reuvecamp |
| Location | Wellington |
| Parties | A v B |
| Summary | DISPUTE – Whether applicant entitled to wages while suspended – Order prohibiting publication of names of parties due to suppression orders in place by District Court – Colleague made complaint about applicant to professional board (“P”) – Applicant denied allegations made regarding practice in employment – Allegations brought to respondent’s attention in letter from P – Board believed applicant’s practice might pose risk to public – Parties attended meeting and agreed applicant would take special leave until end of investigation but remain on full pay – Respondent discovered applicant’s annual practising certificate suspended by P – Respondent stood applicant down on leave without pay because did not hold practising certificate – Respondent claimed action was normal practice – Authority found respondent required to continue to pay applicant – Found agreement between parties that applicant would continue normal pay until conclusion of investigation – Found suspension of practising certification did not occur through applicant’s initiative – Found applicant remained employee – Found subject to provisions of suspension and in absence of other provisions, entitlement or statutory provision to enable respondent to cease paying applicant, respondent required to continue to pay applicant – Found no express power under employment agreement, code of conduct or other documents to cease paying applicant – Found applicant’s work related to currency of practising certificate but not currently required to do work and not required to return to work – Found applicant entitled to continue to receive pay and respondent should resume pay as soon as practicably possible |
| Result | Question answered in favour of applicant ; Costs reserved |
| Main Category | Dispute |
| Number of Pages | 5 |
| PDF File Link: | 2011_NZERA_Wellington_167.pdf [pdf 22 KB] |