Labour Court restores Roadstone worker to shovel duties and removes warning

The Labour Court varied a Rights Commissioner’s recommendation after finding Roadstone Ltd acted outside its collective agreement when discipline influenced a worker’s transfer. It directed the company to restore him to shovel duties and remove a written warning from his record. The decision was dated 18 September 2015. The worker, represented by the Services Industrial Professional Technical Union, appealed a recommendation that his claim should fail. Roadstone said the transfer was intended to improve productivity and was permitted by the agreement; the union argued it was disciplinary. The Court found discipline was a factor in changing the worker’s duties and that the later warning resulted from the company’s actions.