| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 17/04 |
| Hearing date | 12 Feb 2004 |
| Determination date | 16 February 2004 |
| Member | P Cheyne |
| Representation | G Davenport ; R McIlraith |
| Location | Christchurch |
| Parties | Shears and Anor v Transfield Services Infrastructure New Zealand Ltd |
| Other Parties | Rail and Maritime Transport Union |
| Summary | INTERIM INJUNCTION - Application for interim reinstatement - Alleged constructive dismissal - Change of employer - Began national standardisation of tasks for each role - Alleged became increasingly stressed and upset about workload - Alleged decision to allocate more tasks to applicant - Resignation - Sought reinstatement - Was evidence of decision to add to applicant's duties without genuine consultation - Arguable failure to identify and assess hazard of excessive workload - Arguable that national standardisation proceeded in breach of obligation in collective agreement to consult - Reinstatement available as primary remedy for constructive dismissal where practicable - Reasonable personal relationship remained - Interim reinstatement ordered - Administration support worker |
| Result | Interim reinstatement granted ; Orders accordingly ; Costs reserved |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial Local Authorities Officers IUOW [1994] 1 ERNZ 168;Communication & Energy Workers Union Inc v Telecom NZ Ltd [1993] 2 ERNZ 429 |
| Number of Pages | 8 |
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