The Court of Appeal has rejected an
appeal by a District Health Board against decisions of the Employment Court and
the Employment Relations Authority over how much should be paid to anaesthetic
technicians for the time they are on call but not called into work.
The District Health Board was paying the
technicians only for the time spent at the hospital during the time they were
on call. The Court decisions mean that
they will now be paid for all hours on call irrespective of the time that they
spend actually at work. The technicians
were required by their employment agreements to live within 10 minutes of the
hospital while they were on call and this meant that many had to live away from
their families during their on call periods and this was a significant hardship
which must be compensated for in full.
Alan Knowsley
Employment Lawyer
Wellington
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