| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 560 |
| Hearing date | 3 Sep 2013 |
| Determination date | 09 December 2013 |
| Member | K J Anderson |
| Representation | A Hope ; J Jones |
| Location | Hamilton |
| Parties | Singh v Inghams Enterprises (NZ) Pty Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Incapacity – Applicant claimed unjustifiably dismissed by respondent – Applicant incurred back injury at work – Respondent disputed applicant’s version of events – Respondent declined applicant’s accident compensation claim – Whether applicant accused of lying about back injury – Applicant’s back condition fluctuated – Medical certificate confirmed applicant able to perform light duties – Respondent refused to allow applicant to resume duties until fully fit – Applicant received letter terminating employment – Egg collector |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Key elements of incapacity clause in employment agreement not observed. Applicant given no notice. Respondent did not request medical examination. Respondent failed to communicate that applicant’s employment in jeopardy. Respondent did not have prognosis on applicant’s future fitness for work. Dismissal unjustified. REMEDIES: No contributory conduct. $4,000 compensation appropriate. |
| Result | Application granted ; Compensation for humiliation etc ($4,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | Accident Compensation Act 2001;ERA s103A(2);ERA s103A(3) |
| Cases Cited | Motor Machinists Ltd v Craig [1996] 2 ERNZ 585;Wilson v Johnathons Catering Co Ltd [2000] 1 ERNZ 660 |
| Number of Pages | 8 |
| PDF File Link: | 2013_NZERA_Auckland_560.pdf [pdf 158 KB] |