The Timaru Herald

Appeal decision awaited

- MATTHEW LITTLEWOOD AND STUFF

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.

 ??  ?? Nigel Trainor
Nigel Trainor

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