May 2018 · Auckland, New Zealand
Stevedore paid for 68 hours in a week: Authority finds port company breaching its own 60-hour fatigue limit
A port company's collective agreement required a fatigue risk management programme run consistently with scientific principles, and its policy capped stevedores at 60 hours in any seven-day period unless the worker agreed, fatigue risk was assessed and the general manager approved. The union and a stevedore sought compliance orders; the Employment Relations Authority found the policy was in place and that the claim it was not operated scientifically was not proven, but that the 60-hour limit was being breached. The stevedore had been paid for 68 hours in two overlapping seven-day periods in 2018, other breaches had occurred, and there was no evidence the required approvals or agreement were obtained. The Authority left the compliance order for further discussion, with leave to return.
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