| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 203/09 |
| Hearing date | 7 May 2009 |
| Determination date | 24 June 2009 |
| Member | V Campbell |
| Representation | S Mitchell ; N Jones |
| Location | Auckland |
| Parties | Postal Workers Union of Aotearoa v New Zealand Ltd |
| Summary | DISPUTE – Whether applicant union members entitled to one day’s wage following advice to go home for health and safety reasons – Respondent’s manager (“T”) advised applicant union leader (“W”) no toilets and running water at workplace – T advised applicant union members they would be paid for leaving workplace to use alternative toilet facilities but would not be paid if they left workplace – W concluded health and safety risk present and advised union members to leave workplace, however, would be paid for day – T arranged for port-a-loos and advised union members to return – Union members who did not return were paid for hours worked – Applicant union claimed respondent breached health and safety regulations causing union members to leave workplace – Respondent claimed all practical steps taken within reasonable time to resolve matters – Authority found respondent took reasonable steps to rectify situation - Found union members left workplace unreasonably and chose not to return – Found W’s advice employees would be paid for day unauthorised - Found applicant union members not entitled to one day’s wage – Question answered in favour of respondent |
| Result | Question answered in favour of respondent ; Costs reserved |
| Main Category | Dispute |
| Statutes | Health and Safety in Employment Regulations 1995 s4 |
| Number of Pages | 4 |
| PDF File Link: | aa 203_09.pdf [pdf 28 KB] |