| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 346/02 |
| Hearing date | 25 Nov 2002 |
| Determination date | 29 November 2002 |
| Member | J Scott |
| Representation | P Skelton ; S Mitchell |
| Location | Auckland |
| Parties | Ports of Auckland Ltd v New Zealand Waterfront Workers Union |
| Summary | DISPUTE - Interpretation and application of collective agreement - Employees worked in shift teams - Teams originally decided by consultation and consensus - Employee required to transfer to another shift team - Whether entitled to require employee to transfer - Principles of interpretation - Words to be interpreted to give effect to true intent, meaning and spirit - No express power or prohibition in agreement - Transfer required for operational and efficiency reasons - Entitled to require transfer - No contractual right to consultation and consensus despite original teams being arrived at through that process - Notice of 2 weeks required - Mechanic |
| Result | Application dismissed ; Question answered in favour of respondent ; No order for costs |
| Cases Cited | Wisniewski v Rubicon Ltd unreported, RA Monaghan, 22 November 2002, AA 341/02 |
| Number of Pages | 6 |
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