| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 156/04 |
| Hearing date | 4 Feb 2004 - 9 Feb 2004 (2 days) |
| Determination date | 03 May 2004 |
| Member | V Campbell |
| Representation | M Hunter ; P Swarbrick |
| Location | Auckland |
| Parties | Hunt v New Zealand Post |
| Summary | UNJUSTIFIED DISADVANTAGE - Final written warning - Applicant was union delegate - Respondent and union organised meeting to discuss proposal for new incentive scheme - Respondent decided only one delegate per branch to attend but did not tell union - Union informed delegates could all attend but did not inform respondent - Team leader at applicant's branch decided other delegate should go - Applicant informed of consequences of attendance - Received final written warning - Instruction not to go to meeting was lawful - Not team leader's position to determine unilaterally which delegate should attend - No operational reason for refusing applicant's request to attend meeting - Instruction not to go unreasonable - No breach of collective employment agreement by respondent - Warning unjustified - Remedies - Respondent ordered to cancel final written warning - No jurisdiction to order removal of other prejudicial material on applicant's file - Respondent ordered to pay applicant difference between payment made for day of meeting and normal pay - No jurisdiction to order reinstatement of sick leave - Compensation for humiliation and distress having regard to applicant's exposure to greater possibility of dismissal for almost 1 year - 50 per cent reduction for contributory conduct - Postie |
| Result | Application granted (unjustified disadvantage) ; Application dismissed (breach of contract) ; Removal of warning from file ; Arrears of wages ; Compensation for humiliation, etc ($5,000 reduced to $2,500); Costs reserved |
| Statutes | ERA s129(2) |
| Cases Cited | Chief Executive of the Inland Revenue Department v Parkes [2003] 1 ERNZ 540;Sky Network Television Ltd v Duncan [1998] 3 ERNZ 917;Wellington etc Clerical and Related Workers v College Group Limited [1984] ACJ 315 |
| Number of Pages | 14 |
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