| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 72/01 |
| Hearing date | 23 Oct 2001 |
| Determination date | 25 October 2001 |
| Member | S Bathgate |
| Representation | ED Hook ; S Meikle |
| Location | Wellington |
| Parties | Attwood v Imperial Industries and Anor |
| Other Parties | Gazley |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant took several days sick leave - Suspended on pay until disciplinary meeting - Given list of concerns before meeting - Existence of pre-existing medical conditions made known during meeting - Alleged applicant had deliberately failed to disclose medical conditions that impacted on ability to perform job - Alleged loss of faith and trust in applicant - Whether failure to disclose medical conditions on pre-employment form amounted to misrepresentation - Employer entitled to collect employees' personal information for lawful purpose - Information to be necessary for that purpose - Employee not obliged to disclose information about medical status not relevant to job - Sick leave was not for pre-existing medical conditions - Pre-existing conditions not relevant to ability to perform job - Failure to disclose not misrepresentation - Dismissed for reason which was different from those for which meeting was called - Dismissal substantially unjustified and procedurally unfair - Dispatch co-ordinator |
| Result | Application granted ; Reimbursement of lost wages ($6,461.52)(12 weeks) ; Compensation for humiliation etc ($4,500) ; Costs reserved |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |