| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 12 |
| Hearing date | 5 Dec 2013 |
| Determination date | 29 January 2014 |
| Member | M B Loftus |
| Representation | M Henderson ; S Menzies |
| Location | Christchurch |
| Parties | Cooper v FJ Ramsey Investments Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Incapacity – Applicant claimed unjustifiably dismissed by respondent – Whether applicant failed to disclose pre-existing medical condition – Chest pains – Surgery – Applicant’s wife tried to contact respondent eight times – One month in hospital – Whether respondent’s director walked away when applicant attempted to discuss return to work – Request for applicant to visit doctor to get understanding of length of rehabilitation period – Applicant cleared for light duties on day notice period expired – Senior shepherd |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: No discussion with applicant before decision to dismiss made. Respondent failed to follow own process by holding meeting to discuss applicant’s written feedback. Respondent’s concerns about pre-existing medical condition influenced decision to dismiss despite no further investigation and applicant making clear need for surgery not related to pre-existing medical condition. No evidence respondent’s concerns about applicant’s alleged absenteeism prior to surgery had validity. Alleged shortfall in staff during applicant’s absence addressed and concern not raised with applicant. Respondent failed to consider applicant’s return to work on light duties. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $12,500 reimbursement of lost wages. $6,000 compensation appropriate. |
| Result | Application granted ; Reimbursement of lost wages ($12,500) ; Compensation for humiliation etc ($6,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA;ERA s103A;ERA s122;ERA s124;ERA s128(2) |
| Cases Cited | Jinkinson v Oceana Gold (NZ) Ltd (No 2) (2011) 9 NZELC 93,655;Motor Machinists Ltd v Craig [1996] 2 ERNZ 585;NZ Baking Trades IUOW v Cormack (Receiver) (1990) ERNZ Sel Cas 676 |
| Number of Pages | 11 |
| PDF File Link: | 2014_NZERA_Christchurch_12.pdf [pdf 186 KB] |