69AAF Grounds for refusal of request by employer

(1)

An employer may refuse a request only if the employer determines that the request cannot be accommodated on 1 or more of the grounds specified in subsection (2).

(2)

The grounds are—

(a)

inability to reorganise work among existing staff:

(b)

inability to recruit additional staff:

(c)

detrimental impact on quality:

(d)

detrimental impact on performance:

(e)

insufficiency of work during the periods the employee proposes to work:

(f)

planned structural changes:

(g)

burden of additional costs:

(h)

detrimental effect on ability to meet customer demand.

(3)

However, an employer must refuse a request if—

(a)

the request is from an employee who is bound by a collective agreement; and

(b)

the request relates to working arrangements to which the collective agreement applies; and

(c)

the employee’s working arrangements would be inconsistent with the collective agreement if the employer were to approve the request.

Section 69AAF: inserted, on 1 July 2008, by section 5 of the Employment Relations (Flexible Working Arrangements) Amendment Act 2007 (2007 No 105).

Section 69AAF(1): replaced, on 6 March 2015, by section 28 of the Employment Relations Amendment Act 2014 (2014 No 61).