| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 103/04 |
| Hearing date | 19 Nov 2003 |
| Determination date | 29 March 2004 |
| Member | K J Anderson |
| Representation | R Mark ; J Pearson |
| Location | Auckland |
| Parties | Jonson v Asure New Zealand Ltd |
| Summary | BREACH OF CONTRACT - Respondent ceased to roster applicant across all shifts to avoid paying shift allowance - Alleged respondent not entitled to unilaterally alter employment conditions simply for fiscal or commercial reasons - Contract entitled respondent to determine roster subject to consulting and attempting to reach agreement with applicant - No express or implied contractual provision for applicant to be rostered across all shifts - Unilateral change without consultation breached contract - Entitled to minimum 4 weeks' notice of change to allow for proper consultation - Remedies - Applicant entitled to payments he would have received for further 3 weeks on shift rosters - Respondent's counterclaim for sums paid to applicant in error allowed - Set off - UNJUSTIFIED DISADVANTAGE - Appropriate to address problem as personal grievance - Indecent haste in implementing roster change constituted unjustified disadvantage - Little evidence of humiliation - Meat inspector |
| Result | Application granted ; Counterclaim allowed ; Compensation for humiliation, etc ($2,000) ; Costs reserved |
| Statutes | ERA s4(4)(c);ERA s157;ERA s160(3) |
| Cases Cited | G N Hale & Son Ltd v Wellington etc Caretakers etc IUOW [1991] 1 NZLR 151;Grant v Superstrike Bowling Centres Ltd [1992] 1 ERNZ 727;Wellington International Airport Ltd v Air NZ Ltd [1993] 1 NZLR 671 |
| Number of Pages | 9 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |