| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 303/10 |
| Hearing date | 19 Oct 2009 - 21 Oct 2009 (3 days) |
| Determination date | 28 June 2010 |
| Member | M Urlich |
| Representation | J Roberts ; K Spackman |
| Location | Auckland |
| Parties | Corrections Association of New Zealand v Chief Executive of the Department of Corrections |
| Summary | DISPUTE – Applicant claimed respondent breached terms of collective employment agreement (“CEA”) by implementing new shift times – Applicant claimed respondent failed to consult about significant change to organisational structure, staffing and work practices – Respondent claimed shift times not new issue – Applicant argued new shift times rendered impossible for corrections officers to satisfy purpose of duties and wider statutory aims – Authority found duties too broadly defined to link to new shift times – Respondent claimed no organisational review triggered by new shift times because no significant change made to organisational structure – Authority found change to shift times met significant change standard – Found consultation process not followed – Found respondent failed to discharge obligation to consult with applicant about new shift times – Penalty not appropriate because dispute genuine – COMPLIANCE ORDER – Applicant sought compliance with consultation procedure – Compliance ordered |
| Result | Questions answered ; Compliance ordered ; Costs reserved |
| Main Category | Dispute |
| Statutes | Corrections Act 2004;Corrections Regulations 2005;ERA s4(4);ERA s137 |
| Number of Pages | 7 |
| PDF File Link: | aa 303_10.pdf [pdf 25 KB] |