| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 469/05 |
| Hearing date | 21 Nov 2005 |
| Determination date | 08 December 2005 |
| Member | V Campbell |
| Representation | S Mitchell ; P Skelton, K Laird |
| Location | Auckland |
| Parties | O'Donnell and Anor v Ports of Auckland Ltd |
| Other Parties | Power |
| Summary | UNJUSTIFIED DISADVANTAGE - Final written warnings - Refusing to obey lawful and reasonable instruction - Applicants were asked to cover shifts of two ex-employees who had been dismissed for sleeping and drinking during third shift duties in hidden room - Applicants had received warnings about that matter - Applicants initially indicated would be prepared to do shifts but later changed minds and did not do those shifts in place of normal shifts - Following dismissal of ex-employees was reluctance on part of staff to cover ex-employees' old shifts - Respondent had right to require employees to work eight extra" shifts in accordance with collective agreement - Applicants were not being required to "change" shift roster - Nor were they being required to work "extra" shifts - Could only be required to work third shifts if were to form part of "extras" required under agreement - If was intended that shifts form part of "extras" that needed to be made clear - It was not - Fair and reasonable employer would not have issued final written warning in those circumstances - Warnings meant applicants exposed to greater possibility of dismissal for six month period - Remedies - Contributory conduct 50 percent" |
| Result | Application granted ; Compensation for humiliation etc ($5,000 reduced to $2,500) (First applicant) ; ($5,000 reduced to $2,500)(Second applicant) ; Costs reserved |
| Statutes | ERA s103A |
| Cases Cited | Alliance Freezing Co (Southland) Ltd v New Zealand Amalgamated Engineering etc IUOW [1990] 1 NZILR 533;Ports of Auckland Ltd v New Zealand Waterfront Workers Union J Scott, 29 Nov 2002 (AA 346/02) |
| Number of Pages | 5 |
| PDF File Link: | aa 469_05.pdf [pdf 25 KB] |