| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 138/06 |
| Hearing date | 13 Sep 2006 |
| Determination date | 11 October 2006 |
| Member | P R Stapp |
| Representation | J Unsworth ; G Malone |
| Location | Wellington |
| Parties | Beamsley v AFFCO New Zealand Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - Applicant undertook union duties full time - Alleged disadvantaged when respondent unilaterally changed employment arrangement and required him to start productive duties - Sought reinstatement to full-time union role - Interim arrangement between parties preserved status quo - Applicant relied on memorandum stating full-time union representation arrangement in place for his tenure as secretary - Whether company entitled to vary arrangement without applicants agreement - Memorandum represented terms for applicant's employment - Respondent made decision without consultation - Not a redundancy situation because role of Union Secretary remained and respondent had not linked cost efficiencies to applicant’s previous position - Decision to require applicant to report to productive duties or not be paid unjustified, and breached terms and conditions of employment - Breach of good faith as failed to follow due process - Applicant to continue to be paid full time as Union Secretary -Parties directed to make interim arrangements permanent - Leave reserved for compliance order if necessary - Union Secretary |
| Result | Application granted ; Costs reserved ; Orders accordingly |
| Cases Cited | New Zealand Meat Processors, etc IUOW v Alliance Freezing Company (Southland) Ltd 2 NZILR 246 |
| Number of Pages | 6 |
| PDF File Link: | wa 138_06.pdf [pdf 35 KB] |