| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 312/10 |
| Hearing date | 22 Oct 2009 |
| Determination date | 02 July 2010 |
| Member | J Wilson |
| Representation | L Yukich ; G Service |
| Location | Rotorua |
| Parties | Robinson v Transfield Services (NZ) Ltd |
| Summary | DISPUTE – Interpretation of Collective Employment Agreement (“CEA”) – Applicant claimed respondent unable to require applicant to work alternative days of week as party of ordinary hours of work – Respondent claimed able to require applicant to work new roster – Applicant argued contractual hours of work not those set out in letter of appointment or CEA but those agreed by manager which were worked from time of appointment – Applicant claimed hours verbally agreed with manager and assured not required to work weekends – Respondent claimed applicant’s hours of work provided for in letter of appointment and CEA and included requirement to work weekends on roster basis when required – Respondent claimed any assurance given applicant would not have to work weekends did not constitute amendment to conditions of employment as not in writing – Respondent claimed did not need applicant’s individual agreement to change hours of work – Authority found applicant’s terms and conditions based on CEA and included provisions set out in letter of appointment – Found no written agreement to amend conditions and any verbal understanding did not constitute amendment – Found individual employees could agree to specific conditions of employment as set out in personal letter – Found applicant’s personal letter stated applicant required to work weekends on roster basis – Found CEA preserved specific conditions agreed by individual employees including letters of appointment – Found respondent could not change applicant’s hours of work without agreement – Found respondent could require applicant to work weekends subject to reasonable consultation process carried out in good faith |
| Result | Questions answered ; Costs reserved |
| Main Category | Dispute |
| Statutes | ERA s61(1)(b);ERA s61(2) |
| Number of Pages | 8 |
| PDF File Link: | aa 312_10.pdf [pdf 37 KB] |