| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2012] NZERA Wellington 34 |
| Hearing date | 16 Feb 2012 |
| Determination date | 04 April 2012 |
| Member | P R Stapp |
| Representation | T Oldfield ; S Leftley |
| Location | New Plymouth |
| Parties | Rapaea v Radius Residential Care Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent’s decision applicant should remain on unpaid sick leave – Applicant claimed respondent kept applicant on sick leave when had medical clearance for return to work – Applicant had high blood pressure and chest pains at workplace – Applicant doctor (“X”) provided medical certificate applicant unfit for work for three weeks – Applicant did not return to work on agreed date and X provided medical certificate applicant unfit for work for further three months - Respondent manager (“M”) concerned about applicant’s medical history – M discovered applicant had previously taken days off on sick leave and X had recommended applicant should reduce hours – Applicant refused to consent to respondent contacting X directly – Respondent manager (“B”) claimed respondent entitled to request applicant's medical information as provided for in employee handbook – Applicant claimed unaware of handbook – Authority found handbook given to applicant but no evidence applicant understood it – Applicant provided medical certificate able to return to work two months earlier (“third certificate”) – X sent respondent further information about applicant’s condition as requested – Applicant again refused to consent to respondent contacting X directly – Respondent decided applicant to remain on sick leave – Respondent denied received approval from X of applicant returning to work fulltime – Applicant’s union representative told respondent nothing more to discuss – Respondent decided applicant could return to work and requested meeting – Parties failed to reach agreement – Found applicant should have been more communicative with respondent about medical information – Found respondent entitled to ensure was safe for applicant to return to work but could not insist applicant produce medical information – Found applicant cleared to return to work by third certificate - Found applicant entitled to maintain doctor patient confidentiality - Found applicant disadvantaged by respondent’s decision applicant should remain on sick leave – REMEDIES – No contributory conduct - $1,335 reimbursement of lost wages - $5,000 compensation appropriate - Healthcare Assistant |
| Result | Application granted ; Reimbursement of lost wages ($1,335.36) ; Compensation for humiliation etc ($5,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s124 |
| Number of Pages | 9 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |