| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 38/04 |
| Hearing date | 26 Feb 2004 |
| Determination date | 02 April 2004 |
| Member | P R Stapp |
| Representation | M Kirkeby ; S Hornsby |
| Location | Palmerston North |
| Parties | Montaperto v MidCentral District Health Board |
| Summary | UNJUSTIFIED DISADVANTAGE - Applicant not contractually entitled to work overtime but regularly did so at discretion of employer - Employment issues arose over standard of dress, use of work phones, and falsification of time sheets - Overtime work removed without prior discussion - Made formally aware of decision one month later via another staff member - Telephoned team leader at night requesting explanation - Meeting following day - Follow-up letter from respondent setting out reasons for decision to cease overtime and reprimand over phone call to team leader - Respondent had discretion to cease overtime - Decision to exercise discretion unjustified action causing applicant disadvantage in employment - Fair and reasonable employer should have consulted over decision especially as applicant worked overtime regularly and withdrawal of overtime was for disciplinary reasons - Follow-up letter not unjustified given issues in employment, applicant's request for meeting, and fact that letter gave reasons for decision to cease overtime - Reasonable to include expectations of behaviour in relation to phone calls to team leader - Letter not disciplinary letter - Equity and good conscience - No order for compensation - Psychopaedic assistant |
| Result | Application granted (Decision to cease overtime) ; Application dismissed (Follow-up letter) ; Costs reserved |
| Statutes | ERA s114(1) |
| Number of Pages | 14 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |