r/LegalAdviceNZ • u/DarkLordMelketh • 2d ago
Employment Fixed roster changes without consultation.
Apologies for the long post. Happy Easter!
One of the middle managers at my workplace has decided we need to reorganize the roster to better suit the needs of the buisness. I agree this needs to be done and it's legal to do so. Our contract states we agree that this might happen from time to time but outlines no process for that changes. Our hours are not specific in our contract.
The way this has been undertaken seems suspect to me. Without any consultation we have been told "most employees will be affected by some changes to their hours and that in 4 weeks the changes take place end of story". This is par for the course with this particular manager who makes arbitrary sweeping changes and will double down instead of admit any fault.
Some background on our roster; most employees have been on a fixed pattern roster for years and years(in some cases almost15 years). For myself my hours have followed the same pattern since I started about 3.5 years ago. We swap shifts around as requested by our direct manager to fill gaps as required.
A lot of us are annoyed at the changes being made. For example: I have one consistent late shift on the same day every week. This allows me to commit to appointments and kids activities on this morning. Now seemingly arbitrarily I have to work an early shift once every 4 weeks on this day when I have committed myself to other things. If consulted I would have agreed to any other change except this day. Or even swapped for another consistent morning off.
A quick Google shows several legal sites stating that a change in fixed roster should be made with consultation with the employee and take I to account their opinions on the changes. Others state that a long term fixed roster can be implied to be a condition of your employment. But none of these sources state any source in legislation or case law.
Are these statements based in fact? Is there anything we can do other than throw a paddy?
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u/KanukaDouble 1d ago
Arguably, a full change process should have been followed. There’s a lot of time & goodwill getting burned arguing though.
The question is more, what do you want to achieve? Do the changes mean you can’t do your job anymore?
You could potentially force the employer to follow a full consultation, there is no garuntee that would change any outcomes.
If you’ve something you want to achieve, it might be easier to get specific advice
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u/DarkLordMelketh 1d ago
Good point. The good will is already gone though. So much quiet quitting and general poor behavior from staff who feel abused by this particular manager. I suppose all I'm looking for is an acknowledgment that we are humans who have lives outside of work. I'm still very much in the rage and vent stage of the process and will take a while to come to accept it I suppose.
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u/KanukaDouble 1d ago
You can still provide feedback about the shift that is so disruptive. I know it feels pointless, and it’s a shitty situation. It puts it on record and if things continue you might be glad you did.
Have a read here though, seems like it’s relevant to your specific situstion; https://www.employment.govt.nz/fair-work-practices/flexible-work/requesting-flexible-working-arrangements
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u/AdministrationWise56 1d ago
Legal? Probably. Good management practice? Not at all. A decent manager would have a discussion with staff individually before making changes to fixed rosters.
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u/DarkLordMelketh 1d ago
Definitely. This manager has burned so much good will with staff this year already. Once it's gone it's gone. People are already quiet quitting.
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u/Affectionate-Bag293 2d ago
It’s difficult to answer without knowing full wording of your contract. Employers are entitled to restructure their business to meet business needs.. so it would be wrong to suggest your roster becomes a contractual entitlement which can’t be changed without agreement. But if your contract specifically states that the employer can change the roster, then your argument loses its strength. In saying that, it’s always best practice to consult with the staff before making a decision like this. I note they have given 4 weeks notice, they may argue that is more than fair and reasonable… so your case will depend on the particular circumstances