Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch v New South Wales Roads and Traffic Authority [2007] NSWIRComm 309 — Industrial Dispute & Legal Representatives — Barrister AI
Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch v New South Wales Roads and Traffic Authority
Industrial dispute - allegation of harassment of union delegate - private use of mobile phone - requirement to pay for private calls on mobile phone - RTA policies - whether employee aware of policy - warning letters - fact finding interview - direction to pay full amount owed - intervention of Union - negotiated schedule of payments - no agreement as to repayment schedule - whether direction of employer reasonable.
Held; what is reasonable cannot be determined in a vacuum - flexibility and patience of RTA management - employment covered by 'suite' of employment instruments - employee aware of policy and obligation to pay for private phone calls - little evidence of extent of financial circumstances - regular overtime - acceptance of employee's evidence of difficulty in paying higher amount - smaller amount not appropriate - new amount proposed - no orders made - liberty to apply.
