| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 125/04 |
| Hearing date | 27 Apr 2004 |
| Determination date | 19 October 2004 |
| Member | P Montgomery |
| Representation | KS Tifaga ; S Langton |
| Location | Christchurch |
| Parties | Dahren v General Distributors Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Medical retirement - After hip replacement operation applicant suffered fall at work - Returned to light duties after sick leave - Respondent decided on basis of medical information to terminate applicant's employment - Applicant alleged he suffered neither harm nor injury carrying out duties, only pain, and legislation did not require employer to take steps to prevent pain - Appeared clear that if returned to normal duties applicant highly likely to be in physical danger - Employment justifiably terminated on medical grounds - COSTS - Serious new claim made on behalf of applicant before final submissions - Comment that failure by party to put every basis of claim reasonably discoverable before Authority prior to investigation may be visited on offending party in costs setting - Shelf filler |
| Abstract | Application dismissed ; Costs reserved |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Lang v Eagle Airways Ltd [1996] 1 ERNZ 574;Motor Machinists Ltd v Craig [1996] 2 ERNZ 585 |
| Number of Pages | 5 |
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