| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 177 |
| Hearing date | 26 Mar 2013 |
| Determination date | 09 May 2013 |
| Member | A Fitzgibbon |
| Representation | H White ; A Russell |
| Location | Auckland |
| Parties | Amalgamated Workers' Union of New Zealand Inc v Counties Manukau District Health Board |
| Summary | DISPUTE – Parties disputed interpretation of work hours clause in collective agreement – Whether respondent could restructure operations and introduce new roster pattern – Trials of new shift carried out – New shift rejected by applicant – Whether employees unreasonably withheld agreement to proposal |
| Abstract | AUTHORITY FOUND –;DISPUTE: Collective agreement provided respondent could require employees to change hours of work. Concerns investigated and addressed by respondent. Respondent’s right to manage business and employees’ right to have terms and conditions must be fairly balanced. Agreement unreasonably withheld. Question answered in favour of respondent. |
| Result | Question answered in favour of respondent ; Costs reserved |
| Main Category | Dispute |
| Statutes | ERA s103A - ERA s129 - New Zealand Public Health and Disability Act 2000 |
| Cases Cited | ANZ National Bank Ltd v Svensson (2006) 6 NZELR 44;The Chief Executive Department of Courts v Crofts unreported, Colgan J, 12 Dec 2001, AC82/01 |
| Number of Pages | 12 |
| PDF File Link: | 2013_NZERA_Auckland_177.pdf [pdf 272 KB] |