| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 31/05 |
| Determination date | 02 February 2005 |
| Member | A Dumbleton |
| Representation | D Christison ; G Payze |
| Location | Auckland |
| Parties | Whakatane District Council v Whakatane District Council Employees' Association Inc |
| Summary | DISPUTE - Whether applicant able to unilaterally require employees to change start and finishing times or whether employees' consent must have been obtained - Applicant wished to close offices to public at 5pm instead of 4.30pm as had been previously doing but retain 8am opening time - Interpretation of collective agreement - Applicant would have been acting within its rights under CA if it directed employees to change start or finishing times provided time remain between hours of 7am and 5.30pm - Obligation under s4 Employment Relations Act 2000 to consult affected employees and respondent about any proposed changes - Applicant had acknowledged that obligation - Should also have given reasonable notice before implementing such change in absence of consent - Accepted mediation unlikely to constructively assist parties - Matter of urgency |
| Result | Question answered in favour of applicant ; No order for costs |
| Statutes | ERA s4;EAR s4(4)(d) |
| Number of Pages | 3 |
| PDF File Link: | aa 31_05.pdf [pdf 17 KB] |