| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 31A/05 |
| Hearing date | 4 Aug 2005 |
| Determination date | 06 September 2005 |
| Member | P Cheyne |
| Representation | T Bassett ; P Macdonald |
| Location | Christchurch |
| Parties | Jones v George Weston Foods (NZ) Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant injured back at work and was certified fit for light duties only – Applicant under surveillance by private investigators who reported he was seen undertaking activities outside of work inconsistent with the fact he could only perform light duties at work – Beyond question that applicant suffered a serious back injury which required surgery – Doctors and physiotherapist all supported that view – No evidence that applicant’s activity outside of work made injury worse – No serious misconduct – Respondent believed applicant’s accident claim to be fraudulent and gave its private investigator’s report to ACC |
| Result | Application granted ; Reimbursement of lost wages ((9 months 3 weeks) ; Compensation for humiliation etc ($15,000) ; No order for costs ; Disbursements in favour of applicant ($70)(Filing fee) |
| Cases Cited | Northern Distribution Union v BP Oil NZ Ltd [1992] 3 ERNZ 483;W&H Newspapers Ltd v Oram [2000] 2 ERNZ 448 |
| Number of Pages | 5 |
| PDF File Link: | ca 31a_05.pdf [pdf 26 KB] |