| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 481/05 |
| Hearing date | 6 Oct 2005 |
| Determination date | 13 December 2005 |
| Member | J Scott |
| Representation | M Treen ; P Swarbrick |
| Location | Auckland |
| Parties | Paterson v New Zealand Post Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - Written warning - Respondent reduced warning from final written warning to a first written warning that applied for six months - Applicant sought removal of warning and compensation - Applicant was seen riding in car park on bicycle without helmet on - Collective employment agreement provided was compulsory for bicycle helmets to be worn on cycling delivery - Applicant had signed declaration that he would wear a cycle helmet - Acknowledged was condition of employment - Credibility finding in favour of respondent - Applicant well aware of requirement to wear helmet all occasions when he was in uniform, on way to or from and during deliveries - Incident occurred only one day after instruction to wear helmets in car park was communicated at team briefing - No disparity of treatment - No unjustified disadvantage - Respondent had acted most reasonably in all circumstances of case - Even if wrong, applicant's contributory conduct would have been 100 percent - Postie |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s103A |
| Number of Pages | 6 |
| PDF File Link: | aa 481_05.pdf [pdf 33 KB] |