| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 147 |
| Hearing date | 13 Feb 2014 |
| Determination date | 16 April 2014 |
| Member | K J Anderson |
| Representation | R Chen (in person) ; A Poh |
| Location | Auckland |
| Parties | Chen v One Stop Pak Ltd |
| Summary | UNJUSITIFIED DISMISSAL – Incapacity - Applicant claimed unjustifiably dismissed by respondent – Applicant sustained lumbar sprain at work - Applicant requested light duties as suggested on medical certificate - Respondent claimed no suitable work available and requested medical clearance from applicant before resuming work - Trespass notice served on applicant following concerns regarding applicant’s continued presence at workplace and alleged belligerent manner - Applicant obtained fit to work certificate from doctor but not passed to respondent - Driver/Storeman |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicant behaved unfortunately towards respondent however took necessary steps to obtain medical clearance certificate from own doctor and indicated intention to cooperate with respondent’s request for independent medical examination. Respondent made decision to terminate applicant’s employment without obtaining appropriate medical information. Onus on respondent to ensure applicant aware of obligation to participate in process to ascertain medical prognosis prior to respondent deciding applicant’s future employment. Applicant blameworthy to some degree but respondent failed to take appropriate steps to ensure full understanding of applicant’s medical status. Dismissal unjustified. REMEDIES: Unspecified contributory conduct. Reinstatement not practicable and reasonable. Applicant failed to produce evidence to prove loss of income. No reimbursement of lost wages. $3,000 compensation appropriate. |
| Result | Application granted ; Contributory conduct (unspecified) ; Compensation for humiliation etc ($3,000) ; Costs to lie where they fall |
| Main Category | Personal Grievance |
| Statutes | ERA s103A(2);ERA s103A(3);ERA s124;ERA s125 |
| Number of Pages | 10 |
| PDF File Link: | 2014_NZERA_Auckland_147.pdf [pdf 172 KB] |