| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 174/05 |
| Hearing date | 15 Sep 2005 |
| Determination date | 07 November 2005 |
| Member | G J Wood |
| Representation | A Millar ; G Spry |
| Location | Wellington |
| Parties | Thornton v AFFCO Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - Applicant originally employed for 40 specified hours per week - Agreement subsequently varied so that finish time flexible - Applicant able to leave once had completed duties for day - Respondent became concerned that applicant only working 20 hours per week - Applicant declined proposal to change employment to 20-30 hours per week on hourly rate - Directed to work 40 hours per week within specified times - Performance issues also raised - Cancellation of flexible finish time arrangement was unilateral variation of employment agreement - Respondent entitled to pursue performance concerns for failure to work in accordance with position description as clarified during discussions concerning current problem - However, respondent required to operate within confines of employment agreement including contractual entitlement to flexible finishing time - Applicant's employment affected to her disadvantage by unilateral variation - Cancellation of flexibility arrangement made employment more tenuous by causing difficulties with childcare arrangements - Inventory control and shipping coordinator |
| Result | Application granted ; Compensation for humiliation etc ($2,500) ; Costs reserved |
| Cases Cited | Auckland Regional Council v Sanson [1999] 2 ERNZ 597 |
| Number of Pages | 7 |
| PDF File Link: | wa 174_05.pdf [pdf 35 KB] |