| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 53 |
| Hearing date | 21 & 22 Mar 2017 (2 days) |
| Determination date | 07 April 2017 |
| Member | T Tetitaha |
| Representation | D Beck ; T McKenzie |
| Location | Christchurch |
| Parties | Arthurs v Lyttelton Port Company Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Incapacity – Applicant claimed unjustifiably dismissed by respondent – Applicant witnessed death of colleague and suffered from post-traumatic stress disorder – Cargo Handler |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: No need to replace applicant due to prolonged absence since work absorbed by colleagues. Respondent should have undertaken further investigation into whether applicant could have returned. Respondent could not reasonably disregard possibility of light duties or return to work programme. Decision to dismiss not approached in fair manner. Expert opinion and return to work policy not followed. Disparity of treatment compared to other employees. Dismissal procedurally and substantively unjustified. REMEDIES: No contributory conduct. Reinstatement ordered subject to conditions. $20,000 compensation appropriate. |
| Result | Application granted ; Reinstatement ordered ; Compensation for humiliation etc ($20,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A(2) |
| Cases Cited | Angus v Ports of Auckland (No 2) [2011] NZEmpC 160, [2011] ERNZ 466;Auckland & Tomoana Freezing Works etc IUOW v Wilson Foods Ltd [1990] 3 NZILR 939 (LC);Barnett v Northern region Trust Board of the Order of St John [2003] 2 ERNZ 730 (EmpC);Barry v Wilson Parking New Zealand (1992) Ltd [1998] 1 ERNZ 545 (EmpC);Canterbury Clerical Workers IUOW v Printing & Packaging Corp Ltd [1988] NZILR 1213 (LC);Dunn v Waitemata District Health Board [2014] NZEmpC 201, [2014] ERNZ 524;Hall v Dionex [2015] NZEmpC 29;Hoskins v Costal Fish Supplies Ltd [1985] ACJ 124 (AC);Lang v Eagle Airways Ltd [1996] 1 ERNZ 574 (CA);New Zealand Educational Institute v Board of Trustees of Auckland Normal Intermediate School [1992] 3 ERNZ 243 (EmpC);New Zealand Educational Institute v Board of Trustees of Auckland Normal Intermediate School [1994] 2 ERNZ 414 (CA);Northern Hotel IUOW v Rotorua Returned Service Association Inc (1989) ERNZ Sel Cas 535 (LC);Ringrose v Brazin Ltd ERA Auckland AA31/08, 5 February 2008;Waititi v Pedersen Inductries Ltd [2016] NZERA Auckland 82;Wilson v Johnathons Catering Co Ltd [2000] 1 ERNZ 660 (EmpC) |
| Number of Pages | 18 |
| PDF File Link: | 2017_NZERA_Christchurch_53.pdf [pdf 327 KB] |