| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 132/03 |
| Hearing date | 2 Oct 2003 |
| Determination date | 12 December 2003 |
| Member | P Montgomery |
| Representation | MJ Thomas ; J Holden |
| Location | Christchurch |
| Parties | Nicoll v New Zealand Aluminium Smelters Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Medical incapacity - Applicant suffered from Deep Vein Thrombosis - Medical advice indicated condition precluded applicant from working - Alternative positions applicant could do indicated by doctor but no vacancy found - Applicant dismissed - Decision disputed but no change to decision to dismiss - Whether permanent disability entitled applicant to total disability benefit under retirement fund policy - Paid ill-health benefit - Respondent in possession of full facts when made decision to terminate - Attempted to find suitable vacancy - No failure in duty to consult - No personal grievance - UNJUSTIFIED DISADVANTAGE - Applicant not disadvantaged in any significant way by not having copy of report on fitness to work prior to meeting challenging dismissal - Applicant told by fellow employee that had taken his job - Would have been preferable for respondent to have notified applicant of intention to place someone in his role but not of sufficient severity to be unjustified disadvantage - Crew leader |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Innes-Smith v Wood [1998] 3 ERNZ 1298 |
| Number of Pages | 5 |
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