| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 8 |
| Hearing date | 7 Oct 2010 |
| Determination date | 26 January 2011 |
| Member | P R Stapp |
| Representation | S Mitchell ; G Malone |
| Location | Napier |
| Parties | Tuapawa v Affco New Zealand Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged when given two warnings for not working reasonable overtime when went home early to care for sick mother – Applicant claimed waiting for respondent to get back to her about working any overtime - Respondent claimed applicant required to work reasonable overtime and left work without authorisation - Parties’ collective employment agreement provided for reasonable overtime to be worked – Applicant’s union claimed overtime required to work unreasonable and were genuine reasons applicant unable to work overtime – Claimed respondent did not consider all circumstances when treated matter as disobedience - Dispute as to when applicant met with production manager (“K”) to discuss situation and what was said - K’s evidence accepted - Authority found on evidence applicant’s claim waiting for respondent to get back to her not plausible – Found as applicant seeking indulgence to be absent from work and excused from conditions employed under was her responsibility to speak with K – Found respondent never committed to any conditions waiving requirement applicant work overtime - Found applicant’s actions of leaving work without authorisation would amount to disobedience – Found warnings within range of options available to fair and reasonable employer – Found applicant given opportunity to be heard with union delegate present - No unjustified disadvantage - Meat processing plant worker |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 8 |
| PDF File Link: | 2011_NZERA_Wellington_8.pdf [pdf 22 KB] |