| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 124/06 |
| Hearing date | 6 Apr 2006 |
| Determination date | 11 April 2006 |
| Member | J Scott |
| Representation | W Gollop (in person) ; P Karl |
| Location | Auckland |
| Parties | Gollop v Canpac International Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – DISCRIMINATION - Applicant redeployed in permanent day shift position as result of restructuring – Calculation of continuous service restarted from commencement of new role – Transferred to afternoon shift as employee with least continuous service – Subsequent temporary transfer back to day shift – Final transfer back to permanent afternoon shift position – Alleged final transfer amounted to discrimination and unjustified disadvantage – Relevant collective agreement entitled respondent to permanently transfer any shift worker to another shift for operational reasons - Shift transfer provisions governed respondent’s choice of affected employee and other details – Provisions scrupulously applied by respondent to applicant’s transfer – No unjustified disadvantage – “Family status” as prohibited ground of discrimination did not include situation of worker wishing to spend evenings with wife – No discrimination – Length of service 22 years – Factory shift worker – COSTS – Costs not sought by respondent |
| Result | Application dismissed ; Costs to lie where they fall |
| Number of Pages | 6 |
| PDF File Link: | aa 124_06.pdf [pdf 35 KB] |