| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 130/10 |
| Hearing date | 17 Jun 2010 |
| Determination date | 04 August 2010 |
| Member | P R Stapp |
| Representation | G Clarke ; N Jones |
| Location | Wellington |
| Parties | Postal Workers Union of Aotearoa and Anor v New Zealand Post |
| Other Parties | Oakes |
| Summary | DISPUTE – UNJUSTIFIED DISADVANTAGE – Applicant claimed written warning received for repeatedly failing to wear correct uniform and refusing reasonable instruction to remove incorrect uniform – Claimed warning unjustified and instruction unreasonable – Warning for minor misconduct – Applicant sought warning removed from record – Applicant also sought reimbursement of annual leave taken to attend mediation – Incidents occurred involving applicant wearing incorrect clothing and being instructed by managers to remove clothing – Applicant asked to attend disciplinary meeting where provided explanations for conduct – Applicant claimed told respondent wanted to wear clothing for comfort but explanation rejected – Union challenged respondent’s uniform policy – Terms of uniform policy prescribed by collective employment agreement (“CEA”) – Authority found respondent’s uniform policy unreasonable and contradicted evidence respondent working on case by case basis – Found existence of policy conflicted with provisions of CEA – Found uniform allowed for individual choice as long as underwear not seen – Authority accepted respondent’s witnesses evidence that in final incident applicant’s t-shirt visible – Found matter of applicant behaving belligerently not raised properly as allegation – Found warning constituted unjustified disadvantage – Found respondent had obligation to consult union because policy linked to provision in CEA – REMEDIES – Authority found applicant’s behaviour contributed to situation giving rise to grievance – Found applicant’s behaviour confrontational considering asked to remove t-shirt – Found would not restore leave taken to attend mediation – Postal Delivery Worker |
| Result | Application granted (Unjustified dismissal) ; Remedies (reduced to 0); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A);ERA s4(4);ERA s103A |
| Number of Pages | 12 |
| PDF File Link: | wa 130_10.pdf [pdf 45 KB] |