| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 85/03 |
| Hearing date | 10 Jun 2003 |
| Determination date | 13 June 2003 |
| Member | G J Wood |
| Representation | G O'Sullivan ; M Quigg, J Bates |
| Location | Wellington |
| Parties | Snowdon v Radio New Zealand Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - Applicant on sick leave for 6 months due to depression triggered by stress at work - Differences had arisen between applicant and respondent's Chief Executive - Whether respondent could have required independent medical assessment to determine fitness to return to work - Authority held prior consent to medical assessments in employment agreement could be relied on but agreement to be construed carefully - Employment agreement did not allow respondent to require medical assessment to determine whether employee fit to return to work - Applicant placed on annual leave after failing to provide medical information - Whether refusal to allow applicant to return to work an unjustified suspension - Applicant's position best described as suspension which was unable to be justified - Unjustified action causing disadvantage - Applicant to be reinstated without having taken medical assessment - Leave reserved for reimbursement of lost wages claim - Senior manager |
| Result | Application granted ; Orders accordingly ; Compensation for humiliation etc ($3,000) ; Leave reserved for reimbursement of lost wages claim ; Costs reserved |
| Statutes | Health and Safety in Employment Amendment Act 2002;New Zealand Bill of Rights Act 1990 s11 |
| Cases Cited | Harrison v Tuckers Wool Processors Ltd [1998] 3 ERNZ 418;NZ Labourers IUOW v CBI NZ Ltd [1985] ACJ 689;Teague & Ors v Wallace Corporation [2002] 2 ERNZ 830 |
| Number of Pages | 10 |
| PDF File Link: | wa 85_03.pdf [pdf 33 KB] |