Unilateral removal of employee’s rights to work vehicle use…

An employee has won his disadvantage claim after his employer removed his right to use a work vehicle to and from work.  The employment agreement provided that the motor vehicle use could be changed following consultation.  The employer failed to consult before advising the employee he would no longer be able to use the vehicle to and from work.  Damages are still to be quantified.

The employer should have followed the process of consultation set out in the employment agreement.  Instead it advised the employee that a proposed vehicle fleet policy would not apply to him and he did not need to attend briefings on the new policy. 

It then applied the policy to him without notice, and claimed that the earlier briefings (which he was told he did not need to attend) were his opportunity for consultation.  Those arguments got a robust rejection from the Employment Relations Authority.

If you need help implementing changes to employee terms and conditions give me a call on (04) 473 6850.

 

Alan Knowsley