Employees who work an 11hour shift are entitled to 2 x ½ hour unpaid breaks and 2 x 15 minute paid breaks under the Collective Agreement
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Steps that must be followed
•Fair notification: The worker should receive a formal letter advising him or her in advance that a disciplinary meeting will be held. You should not just be called into the office to explain information or write any “voluntary” statements before seeking representation. This letter will give you a 24 hours minimum notice, the alleged offence, possible consequences, and your right to representation.
•Representation: The worker will be given the opportunity to have a delegate, workmate or union official present during a disciplinary meeting.
If representation cannot be arranged for the date stated, then request an adjournment to the meeting until a representative can attend.
•Full investigation: The employer must carry out a full investigation of the case. All the relevant facts must be known and disclosed to the worker being disciplined. Disciplinary action must not be pre-determined
•Disclosure: The worker has the right to know exactly what the complaint against him or her is before any questions are put. This can include copies of relevant statements or documents.
•The right to offer an explanation: The worker and their representative have the right to have their side of the story heard. The meeting can be adjourned by either party if they consider they need time to check some facts, consider the case or discuss tactics for the meeting.
•Justification: The employer must be able to prove that any disciplinary action taken against the worker is both reasonable and fair.
•Fairness: All procedures leading up to any disciplinary action must be done in a fair manner procedurally Punishments must fit crimes: Any disciplinary action taken against the worker must be in accordance with the breach of the rules that the worker has been accused of. The company may only dismiss for serious misconduct otherwise disciplinary action should only result in issuing a warning or, if appropriate, counselling for the worker.
•Consistency: The employer’s decision must be consistent in relation to other matters dealt with on the site.
Contact a delegate or organiser if in any doubt!
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Many members have asked what rights they have if Sea-Unite decides to stike. Here are a few points:
•SEA-Unite members have a legal right to take industrial action at any time.
We do not have to give the company any notice before taking action.
•We can take action either as a whole union with every member involved or we can decide to take action in smaller groups by department or shifts.
•Any action we take will be designed to cause maximum discomfort to SkyCity and its operations with the least effect on members.
•Action could involve a total stoppage of work or a partial refusal to do normal duties.
•SEA-Unite salaried staff members can also legally take action from July 10, that is 40 days after Unite initiated bargaining for a CEA.
•Members of the SFWU will also be legally able to take industrial action from July 12.
•It is possible to coordinate action between the SEA-Unite waged and salaried staff and the SFWU members.
•Only union members can legally take action. If you want to help get a better deal non-union staff need to join the union to be protected.
•The company CANNOT use contractors or other non-SkyCity employees to do the work of striking workers.
•The company CANNOT force other SkyCity employees to do the work of striking members. They can ask but each employee has the legal right to say NO! We request all staff members not to do our work during a strike.
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Problems can arise when asked for a “voluntary” statement. It can easily lead to people incriminating themselves and then being disciplined for things admitted in the statement. “Voluntary” means you do not have to be interviewed or make a statement if you feel it relates to an issue of misconduct. When you are formally charged with misconduct you have the right to see the allegations and any supporting evidence. You have the chance to prepare a response and you also have the right to have a union rep with you at any meeting. With “Investigatory” meetings you should also have a rep. A recent case saw a worker sacked 4 weeks after evidence gathered at such a meeting. The use of ex-police as the investigators means you are facing a professional interrogator.
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If you entered into a verbal agreement over any conditions of work when you started (or at any other time) this can form part of your contract of employment. It is, therefore, enforceable. Such agreements cannot be unilaterally altered by the company alone without proper negotiations with you. In these situations you can ask Sea-Unite to help.
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Under the Health and Safety law there are rights and obligations that apply to both the company and the worker. The company has a duty to provide a safe and healthy environment (including not imposing undue stress on a worker). The worker, in turn, has a duty to take action necessary to protect their own health and safety. If you feel the company is placing you in a situation of risk you have a right, and an obligation to yourself, to refuse to work in an unsafe environment. If in doubt, please contact your Sea-Unite representative.
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If you are injured at work your employer is responsible for paying you 100% of your normal wages/salary for the first seven days you have to take off. Your employer is not allowed to deduct this from your Sick Leave. After 7 days ACC will then calculate what your entitlement will be. You will need a medical certificate. You always have the right to use your own doctor.
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