| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 82/10 |
| Hearing date | 30 Mar 2010 |
| Determination date | 31 March 2010 |
| Member | P Cheyne |
| Representation | T Oldfield ; Q Donald |
| Location | Christchurch |
| Parties | White v Noahs Hotel (NZ) Ltd t/a Rydges Christchurch |
| Summary | DISPUTE – Whether instructions to regularly clean within applicant’s employment duties – Applicant employed as Housekeeper Supervisor – Employment agreement (“EA”) provided applicant’s duties to check rooms and allocate rooms to housemaids – Respondent’s general manager (“D”) met with applicant to instruct applicant to regularly clean rooms – D advised applicant average number rooms being cleaned at respondent hotel below average rate at other hotels – Advised supervisors at other hotels regularly cleaned – Applicant claimed to union D unilaterally changed EA terms – Union met with D and orally raised matter – Respondent argued personal grievance not sufficiently raised – Authority found if applicant had grievance, union orally raised grievance – Found applicant not required to clean rooms as part of regular duties until later instructed by D – Found although applicant required to clean due to staff shortages, EA did not include cleaning as regular duties – Found arrangements at other hotels not relevant in defining scope of applicant’s duties – Found instructions outside scope of employment duties – Question answered in favour of applicant – Applicant sought compliance with EA – Authority adjourned application for compliance order to give respondent chance to comply with determination – Applicant claimed entitled to remedies for unjustified disadvantage caused by respondent’s instructions – Found applicant had no personal grievance therefore not entitled to compensation – PENALTY – Authority declined penalty award as there was no personal grievance – Housekeeping Supervisor |
| Result | Applications dismissed (Unjustified disadvantage)(Penalty) ; Application adjourned (Compliance order) ; Question answered in favour of applicant ; Costs reserved |
| Main Category | Dispute |
| Statutes | ERA s61(2);ERA s103(3) |
| Cases Cited | Clark v Nelson Marlborough Institute of Technology (2008) 8 NZELC 99,483; (2008) NZELR 628 (EMC);Poverty Bay Electric Power Board v Atkinson [1992] 3 ERNZ 413;Ruebe-Donaldson v Sky Network Television Ltd [2004] 2 ERNZ 83 |
| Number of Pages | 5 |
| PDF File Link: | ca 82_10.pdf [pdf 18 KB] |