Christchurch woman awarded $15,000 after employer changes her work hours

A Christchurch woman won a $15,000 after her employer changed her work hours. Photo / 123RF

A Christchurch woman has been awarded $15,000 compensation after her employer changed her work hours unjustifiably.

Linda Anderson, a call centre operator for Blue Star Taxis (Christchurch) Society, had been working Monday to Friday from 7am until 3pm as per her terms of employment.

In March last year, Blue Star commenced a process to change Anderson's hours, to which they say she agreed - something Anderson denied.

On March 31, Blue Star informed Anderson that her new roster hours would commence on April 3 - hours that consisted of Monday to Friday 3pm to 11pm except for every second Friday, where she would instead work from 7am to 3pm.

Unable to cope with this decision, Anderson went to see her doctor who signed her off on sick leave for two weeks.

When Anderson returned to work on Tuesday April 18, she expected to be working a day shift. Instead, she found out that she wasn't rostered to work at all and was pulled to one side by her manager, Sue Hill, and told to leave work as she was being stood down pending a meeting proposed for the next day.

After the parties and their advocates failed to resolve their differences the following day, Blue Star told Anderson that her only option was to return to work on the new shift pattern.

Anderson refused to so, and has been off work without pay since this time.

In handing down its ruling, the Employment Relations Authority said that "changing Anderson's hours of work without consultation and by imposing the change upon her was clearly a breach of [her] employment agreement".

The authority said that Blue Star acted "in an unjustifiable manner that caused disadvantage to Anderson's employment".

Though Anderson was awarded compensation of $15,000 for humiliation, loss of dignity and injury to feelings, the authority denied Anderson's claim for reimbursement for earnings lost as a result of her not working.

Anderson claimed Blue Star had prevented her from attending her workplace, but the authority said she could have attended work but instead refused to.

"There was no conclusive evidence from Anderson that showed she was unable to work the late shift pattern, rather her preference was to work her normal day shift pattern. I accept that the late shift pattern was disadvantageous to her work but it was not impossible nor was she incapable of doing it – Anderson could have undertaken the late shift pattern," the authority stated.

Blue Star was ordered to comply with the terms of Anderson's employment agreement and allow her to work her normal hours of work as specified in that agreement.

The Herald has contacted Blue Star for comment.