| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2012] NZERA Wellington 109 |
| Hearing date | 2 Jul 2012 |
| Determination date | 26 September 2012 |
| Member | P R Stapp |
| Representation | G Clarke ; L WIlson |
| Location | Wellington |
| Parties | McLennan & Ors v New Zealand Post Ltd |
| Other Parties | Polson, Steel, Williams |
| Summary | UNJUSTIFIED DISADVANTAGE - Applicants claimed unjustifiably disadvantaged by respondent’s changes to applicants’ rostered hours - Authority found respondent entitled to change applicants’ hours in accordance with parties’ employment agreements (EA") – Found applicants given notice of proposed changes and opportunity to comment – Found respondent’s actions in accordance with relevant clauses of parties’ EA and applicants not unjustifiably disadvantaged by change to rostered hours – No unjustified disadvantage - Posties" |
| Abstract | Applicants employed as posties. Applicants claimed unjustifiably disadvantaged by respondent’s changes to applicants’ rostered hours. Parties disputed whether respondent entitled to change applicants’ roster arrangements so applicants started working day one hour later. Parties employment agreement (“EA”) stated respondent would consult with applicants about any changes to roster and consider relevant personal circumstances. Respondent advised applicants of roster change proposal and applicants given one week to provide feedback. Majority of affected employees supported roster proposal. Applicants advised roster changes would be implemented. Applicants claimed personal circumstances relevant. Respondent considered applicants’ personal circumstances. Roster changes implemented.;AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE: Respondent entitled to change applicants’ hours in accordance with parties’ EA. Roster changes did not amount to role change. Applicants given notice of proposed changes and opportunity to comment. Respondent’s actions in accordance with relevant clauses of parties’ EA and applicants not unjustifiably disadvantaged by change to rostered hours. No unjustified disadvantage. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 7 |
| PDF File Link: | 2012_NZERA_Wellington_109.pdf [pdf 224 KB] |