| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2016] NZERA Wellington 125 |
| Hearing date | 28 Jun and 25 Aug 2016 (2 days) |
| Determination date | 07 October 2016 |
| Member | V Campbell |
| Representation | G Ogilvy ; P McBride |
| Location | Wellington |
| Parties | Crozier v Idea Services Ltd |
| Summary | UNJUSTIFIED DISMISSAL – DISCRIMINATION – Incapacity - Applicant claimed unjustifiably dismissed by respondent – Applicant claimed unlawful discrimination on basis of medical condition – Support worker |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL – DISCRIMINATION: Order for non-publication of details of respondent’s clients. Respondent failed to establish substantial risk that applicant’s medical condition would compromise safety. Disability material factor in decision to set up requirements against which applicant then medically assessed. Fair and reasonable employer could not have set up requirements outside specifications in job description and then applied them only to applicant. Decision to judge applicant against requirements discriminatory. Respondent did not follow own procedure on dismissal for medical incapacity. Respondent failed to give applicant all relevant information. Respondent failed to sufficiently investigate concerns. Fair and reasonable employer would have adjourned meeting to allow applicant to seek legal advice. Dismissal unjustified. REMEDIES: 10 per cent contributory conduct. Respondent to pay applicant reimbursement of lost wages, quantum to be determined. $13,500 compensation appropriate. |
| Result | Applications granted ; Contributory conduct (10%) ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($13,500) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103(1)(c) ; ERA s103A ; ERA s103A(3) ; ERA s103A(5) ; ERA s105 ; ERA s105(h) ; ERA s106 ; ERA s106(f) ; ERA s124 ; ERA s124(a) ; ERA s128(3) ; ERA s174E ; ERA Second Schedule cl10(1) ; Companies Act 1993 s225 ; Human Rights Act s29(1)(b) |
| Cases Cited | Air New Zealand Ltd v McAlister [2009] NZSC 78, [2010] 1 NZLR 153 ; Angus v Ports of Auckland Ltd [2011] NZEmpC 160, [2011] ERNZ 466 |
| Number of Pages | 22 |
| PDF File Link: | 2016_NZERA_Wellington_125.pdf [pdf 185 KB] |