| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 33/06 |
| Determination date | 01 March 2006 |
| Member | D Asher |
| Representation | T Wilton ; R Webby |
| Location | Wellington |
| Parties | Chikoora and Anor v The Dominion Post, a division of Fairfax New Zealand Ltd |
| Other Parties | New Zealand Amalgamated Engineering, Printing and Manufacturing Union |
| Summary | DISPUTE - Whether respondent could require first applicant to work an afternoon shift on four days a week and a night shift on the fifth day of her working week - Letter of offer stated applicant would work afternoon shifts four days a week and then night shift on the fifth day - First applicant joined union and become covered by collective employment agreement - Whether collective agreement gave respondent flexibility to require first applicant to work mix of afternoon and night shifts - Authority accepted respondent's argument that collective agreement did not bar a mix of different shifts and that parties to the collective agreement could agree, subject to the outcome not being inconsistent" to such an outcome - However, in present case, applicants did not consent to first applicant working mixed shift arrangement - First applicant not obliged to do a mixed-shift - Respondent breached parties' collective agreement by requiring first applicant to work night shift on fifth day of her working week - Maintenance electrician" |
| Result | Question answered in favour of applicants ; Costs reserved |
| Cases Cited | Lowe Walker Paeroa Ltd v Bennett [1998] 2 ERNZ 558;NZ Amalgamated Engineering Printing & Manufacturing Union Inc v The Christchurch Press, a division of Fairfax New Zealand Ltd [2005] 1 ERNZ 288;NZ Meat Processors etc IUW v Alliance Freezing Co (Southland) Ltd [1991] 1 NZLR 143;The Christchurch Press, a division of Fairfax New Zealand Ltd v NZ Amalgamated Engineering Printing and Manufacturing Union [2005] 1 ERNZ 543 |
| Number of Pages | 9 |
| PDF File Link: | wa 33_06.pdf [pdf 36 KB] |