| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 98/06 |
| Hearing date | 4 Oct 2005 |
| Determination date | 30 March 2006 |
| Member | V Campbell |
| Representation | I McGovern ; E Butcher |
| Location | Auckland |
| Parties | The Bakers & Pastrycooks Union & 11 others v George Weston Foods (NZ) Ltd t/a Tip Top Bread |
| Summary | DISPUTE - BREACH OF CONTRACT - Dispute over interpretation, application and operation of collective employment agreement – Whether respondent entitled to unilaterally alter applicants’ hours of work - Employment agreement allowed respondent to “change” existing hours of work – Consultation requirements specified - Alterations to rosters proposed to deal with packing errors – Proposal included reduction in overtime – Consultation meetings with certain staff - Respondent confirmed proposal despite strong employee opposition – One-off payment included as compensation for loss of overtime – Change in hours due to need for greater efficiency not to “changes in market requirements” referred to in employment agreement – Consultation requirements not fully met – Failure to inform all staff of consultation meetings – “Change” of hours did not allow unilateral reduction of hours of work – Even if reduction permitted proper consultation still required – Breach of employment agreement – UNJUSTIFIED DISADVANTAGE – Employment Relations Act 2000 s103(3) – Respondent’s actions derived solely from interpretation, application or operation of employment agreement – Believed employment agreement allowed roster changes - Applicants precluded from bringing unjustified disadvantage claim – PENALTY – Modest penalty appropriate for breach of employment agreement – Length of service until alleged disadvantage not specified |
| Result | Dispute determined in favour of applicants ; Application dismissed (Unjustified disadvantage) ; Penalty for breach of contract ($1,000)(Payable to Crown) ; Costs reserved |
| Statutes | ERA s103(3) |
| Cases Cited | Communication & Energy Workers Union Inc v Telecom NZ Ltd [1993] 2 ERNZ 429;Matthes v NZ Post Ltd (No 3) [1992] 3 ERNZ 853;Principal of Auckland College of Education v Hagg [1996] 1 ERNZ 150 ; [1996] 2 NZLR 402;Service & Food Workers Union Inc v Vice Chancellor of the University of Otago [2003] 2 ERNZ 156 |
| Number of Pages | 7 |
| PDF File Link: | aa 98_06.pdf [pdf 32 KB] |