Section 69AAF — Employment Relations Act 2000: Grounds for refusal of request by employer

69AAF Grounds for refusal of request by employer (1) An employer may refuse a request only if the employer determines that— (a) the employee is not eligible to make a request under section 69AAB ; or (b) the request cannot be accommodated on 1 or more of the grounds specified in subsection (2); or (c) both. (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).