| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 209/04 |
| Hearing date | 17 Jun 2004 |
| Determination date | 18 June 2004 |
| Member | L Robinson |
| Representation | B Spong ; S Beard |
| Location | Auckland |
| Parties | Worthington v New Zealand Post Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - Agreement reached concerning alteration of applicant's rostered hours of work - Respondent denied agreement and initiated further changes - Informal consultation - Original rostered hours of work not guaranteed by employment agreement - Respondent entitled to alter hours of work in accordance with employment agreement - Respondent contractually bound to consult with applicant - Informal consultation not ideal but sufficient in circumstance - Despite contractual compliance process not fair - Respondent breached good faith by denying agreement concerning change of hours - Caused applicant angst and justifiable scepticism about subsequent consultation process - Unjustifiable disadvantage in employment - Modest award of compensation appropriate - International storeman |
| Result | Application dismissed (Declaration of hours of work) ; Application granted (Unjustified disadvantage) ; Compensation for humiliation etc ($1,000) ; Costs reserved |
| Statutes | ERA s123(c)(i) |
| Cases Cited | Alliance Freezing Co (Southland) Ltd v New Zealand Amalgamated Engineering etc IUOW [1990] 1 NZILR 533;GN Hale & Sons Ltd v Wellington, Taranaki and Nelson Caretakers etc IUOW [1991] 1 NZLR 151;New Zealand Public Service Assn v Electricity Corp of New Zealand Ltd, Marketing Division [1991] 2 ERNZ 365;Wellington International Airport Ltd v Air New Zealand Ltd [1993] 1 NZLR 671 |
| Number of Pages | 11 |
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