| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 13/07 |
| Hearing date | 30 Oct 2006 |
| Determination date | 30 January 2007 |
| Member | P R Stapp |
| Representation | P Cranney & A Highes ; D Broadmore & M Brewer |
| Location | Wellington |
| Parties | Seaso v New Zealand Post Ltd |
| Summary | DISPUTE - Whether applicant consulted before new start/finish times imposed - Applicant completed shift preference form during restructure - Only indicated redundancy as claimed unable to work new shifts - Respondent declined redundancy and informed her placed on shift with new start/finish times - Given warning as continued to arrive at old start time - Collective employment agreement required consultation with those likely to be affected by change - Consultation also required due to length of service and lack of information from applicant regarding preferences - Respondent consulted with union but not applicant - Should have raised concerns about genuineness of applicant's unavailability during consultation - Not entitled to change applicant's start/finish times without consultation - Applicant also sought declaration regarding voluntary redundancy rights, or to be made redundant - Appropriate for parties to attempt to reach agreement themselves - Leave reserved if matter unable to be resolved - Postal worker |
| Result | Question answered in favour of applicant ; Costs reserved |
| Main Category | Dispute |
| Statutes | ERA s4(1)(a);ERA s4(1A);ERA s4(1A)(b);ERA s4(1A)(c)(ii) |
| Number of Pages | 9 |
| PDF File Link: | wa 13_07.pdf [pdf 48 KB] |