| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 127/04 |
| Hearing date | 20 Sep 2004 |
| Determination date | 23 September 2004 |
| Member | D Asher |
| Representation | G Paine ; J Mills |
| Location | Palmerston North |
| Parties | Griffith v Sunbeam Corporation Ltd |
| Summary | PRACTICE AND PROCEDURE - Joint application for removal to Court - Alleged unjustified warning and unjustified dismissal - Applicant had propensity for migraines - Sick leave - Respondent visited applicant's home on suspicion that applicant not genuinely ill - Saw applicant helping builder - Alleged rumours applicant used recent three month period of leave to build house when said was for personal development" - Medical certificate - Disciplinary investigation - Alleged after-discovered misconduct - Alleged important question of law of whether medical certificate capable of retrospectively determining an employee's fitness for work - Not satisfied important question of law - Authority of opinion that in all circumstances Court should determine matter - Experienced practitioners - Cost to parties in completing investigation - Very real prospect of challenge - Matter removed to Court" |
| Result | Application granted ; Matter removed to Employment Court ; Costs reserved |
| Statutes | ERA s178(2)(d) |
| Cases Cited | Excell Corporation Ltd v Stephens unreported, Gault P, Panckhurst, William Young JJ, 16 October 2003, CA 161/03;Excell Corporation Ltd v Stephens [2003] 1 ERNZ 568 |
| Number of Pages | 12 |
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