| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2013] NZERA Wellington 141 |
| Hearing date | 22 Oct 2013 |
| Determination date | 07 November 2013 |
| Member | G J Wood |
| Representation | F Fitzsimons ; S Menzies |
| Location | Wellington |
| Parties | Public Service Assoc Inc and Ors v Pathways Health Ltd |
| Other Parties | Quirk, Ferrige |
| Summary | DISPUTE – Parties disputed whether respondent entitled to vary rosters under collective employment agreement (“CEA”) without applicants’ agreement – Care for individuals with mental health issues – CEA provided rostered employees to work rolling roster – CEA provided respondent to give employees four weeks’ notice of significant roster change – One applicant employed under variation to employment agreement setting out variation to hours – Respondent forced to change roster due to changes in respondent’s contractual requirements – Some employees denied full weekends under new roster – Respondent consulted with applicants but no agreement reached |
| Abstract | AUTHORITY FOUND –;DISPUTE: Second applicants rostered employees but not employed on rolling roster. Unrealistic to interpret CEA to not allow roster changes to be developed and implemented simply on basis that new roster was not rolling roster. CEA explicit on areas where employees’ agreement to changes in work hours required meaning agreement not required where no necessity for agreement in wording of CEA. CEA allowed forms of significant roster change not involving variations to employment and consistent with respondent’s right to unilaterally vary employees’ roster. Respondent consulted with applicants and gave required notice. Variation of hours agreed with one applicant did not override respondent’s ability to change rosters under CEA. Questions answered in favour of respondent. |
| Result | Questions answered in favour of respondent ; Costs reserved |
| Main Category | Dispute |
| Cases Cited | Electrical Union 2001 Inc v Mighty River Power Ltd [2013] NZEmpC 197;New Zealand Amalgamated Engineering Printing and Manufacturing Union Inc v Energex Ltd [2006] ERNZ 749 |
| Number of Pages | 8 |
| PDF File Link: | 2013_NZERA_Wellington_141.pdf [pdf 190 KB] |