| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 69/04 |
| Hearing date | 30 Apr 2004 |
| Determination date | 03 June 2004 |
| Member | P R Stapp |
| Representation | A Gallie ; K Spackman, A Wishart |
| Location | Napier |
| Parties | Neilson v The Chief Executive, Department of Corrections |
| Summary | UNJUSTIFIED DISMISSAL - Applicant mentally unwell following alleged sexual assault - Frequent absences and reduced hours of work over eighteen month period - ACC concluded absences resulted from non-work related accident - Respondent continued to pay full salary or top up ACC entitlements - Medical reports indicated timing of return to work uncertain - Retired on medical grounds - Alleged unsupportive work environment aggravated condition and delayed return to work - Ongoing incapacity not caused by respondent's actions - Employer came to honestly held belief that timing of return to work unclear - Decision to medically retire applicant supported by medical evidence - No unjustified dismissal - Order prohibiting publication of medical records and reports - Probation officer |
| Result | Application dismissed ; Orders accordingly ; Costs reserved |
| Statutes | ERA Second Schedule cl10 |
| Number of Pages | 11 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |