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