Appeal decision awaited
The South Canterbury District Health Board is continuing its legal battle against a potentially precedent-setting pay deal.
The health board continues to oppose decisions from a hearing of the Employment Relations Authority (ERA) and the Employment Court that a group of six anaesthetic technicians should be paid for all of an on call overtime shift.
Both times the case has gone in favour of the technicians, in a legal process that had already cost the health board more than $49,000 and the SCDHB is wanting to take the case to the Court of Appeal.
SCDHB chief executive Nigel Trainor said on Thursday that an Application for Leave to Appeal was heard on March 19 in a case conference involving the lawyers and judge.
‘‘We now await the decision from the judge on whether they are going to accept the appeal or not.
‘‘It is anticipated that we will hear an outcome by the end of April.’’
In November 2017, SCDHB organisational capability and safety Robbie Moginie said the health board was ‘‘applying for leave to appeal the decision on the basis that the decision is an incorrect application of the law’’.
The SCDHB’s practice had been for the technicians to be paid only for the portion of the shift they spent working at Timaru Hospital.
While on call, the technicians were required by the SCDHB to live within 10 minutes of Timaru Hospital, as they were expected to report for duty within that timeframe when called.
Hospital accommodation was provided for DHB staff who lived further than 10 minutes from the hospital to use when on call.
As all of the technicians lived further than 10 minutes away, they had no choice but to use the accommodation provided.
The Public Service Association is opposing the appeal.
‘‘The judgment of the court was robust and it recognised the important role anaesthetic technicians play in providing an excellent health service at short notice to the people of Timaru, and the surrounding region,’’ PSA national secretary Glenn Barclay said in November.
Moginie said in 2017 that the SCDHB would only be liable for a portion of the final costs due to an agreement between health boards.