| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 384 |
| Hearing date | 21 Aug 2014 |
| Determination date | 15 September 2014 |
| Member | T G Tetitaha |
| Representation | A Bendall, M Taumaunu ; D France |
| Location | Gisborne |
| Parties | Burrows v Bunnings Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - HEALTH AND SAFETY - Applicant claimed unjustifiably disadvantaged by respondent's actions - Whether applicant moved into unsafe, cold environment exposed to elements - Wind - Cold - Applicant provided with wind block", heater and appropriate clothing, and one door fixed so not open constantly - GOOD FAITH - PENALTY - Applicant claimed respondent's decision to move applicant from internal office to warehouse area without consultation breach of good faith - Administrator" |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE - HEALTH AND SAFETY: Applicant not disadvantaged by being required to share equipment such as computer. Applicant not disadvantaged by forklifts operating in and around warehouse area. No express contractual right for applicant to work within interior office. Implied term of employment agreement that applicant to be provided with healthy and safe work environment. Respondent took some steps to address applicant's concerns about temperature but no subsequent proper consideration of temperature and potential hazard to applicant. Evidence of continued ill health since applicant moved to warehouse and no other reasonable explanation for ill health. Temperature may now be significant hazard requiring immediate action. Applicant unjustifiably disadvantaged by respondent's failure to consider hazard of cold temperature and effect upon applicant's performance of sedentary job. REMEDIES: No contributory conduct. $5,000 compensation appropriate.;GOOD FAITH - PENALTY: No statutory or contractual term requiring consultation prior to change of applicant's work area. No breach of good faith. No penalty. |
| Result | Applications granted (unjustified disadvantage)(health and safety) ; Compensation for humiliation etc ($5,000) ; Applications dismissed (good faith)(penalty) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s4(1A);ERA s4A;ERA s4A(1);ERA s4A(2)(ii);ERA s4A(2)(iii);ERA s103(1)(b);ERA s124;ERA s138(5);HSE;HSE s2;HSE s6;HSE s7;HSE s8 |
| Number of Pages | 11 |
| PDF File Link: | 2014_NZERA_Auckland_384.pdf [pdf 239 KB] |