| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 40/05 |
| Hearing date | 1 Feb 2005 |
| Determination date | 30 March 2005 |
| Member | J Crichton |
| Representation | J Goldstein ; I Davidson |
| Location | Christchurch |
| Parties | Bisley v Brake & Transmission NZ Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Applicant needed operation for prostate cancer - Alleged defendant's manager told him he had 40 days sick leave and could have 12 months unpaid leave - After operation applicant told defendant he would not be able to return to work for up to 12 months and asked for his job to be kept open - Manager rang him to tell him unable to hold job open - Two days after applicant received subsequent letter of termination suffered major heart attack - Doctor gave evidence that stress occasioned by loss of job was more than likely precipitating factor causing heart attack - Authority found manager had agreed to allow applicant 40 days’ sick leave but not 12 months unpaid leave - Dismissal over phone procedurally unfair - Dismissal unjustified - Remedies - 20 days sick leave due and owing - Medical evidence suggested underlying heart condition - Complete responsibility for heart attack not sheeted home to respondent - However manner of dismissal in part precipitated heart attack - Entitled to substantial award of compensation - Compensation for humiliation $13,500 - Reimbursement of lost wages for one month's notice period - Customer service representative |
| Result | Application granted ; Arrears of wages (sick leave)(20 days) ; Reimbursement of lost wages (1 month) ; Compensation for humiliation etc $13,500 ; No costs awarded |
| Number of Pages | 6 |
| PDF File Link: | ca 40_05.pdf [pdf 39 KB] |