| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 163/06 |
| Hearing date | 14 Sep 2006 |
| Determination date | 24 November 2006 |
| Member | P Cheyne |
| Representation | R Davidson ; E Hutson |
| Location | Christchurch |
| Parties | Hiddleston v Wattyl (NZ) Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Dismissal on medical grounds - Applicant required surgery after injured at work - Before surgery, suffered heart attack and absent 3ï¾½ months - Returned to work but surgery rescheduled for that week - After surgery applicant required five months off to recuperate - Respondent asked if applicant would consider early retirement but no agreement reached - Applicant left work with respondent knowing would be away five months - Manager concerned about applicant's attendance and work ethic and intention to work until well after retirement age, which Manager found totally unacceptable - Upon discharge from hospital applicant received letter detailing respondent's concerns and asking him to put forward information to be considered as part of decision about ongoing employment - Letter advised not possible to hold position open for five months and probable employment would be terminated on medical grounds - Applicant rang supervisor, who was unaware of letter - Also faxed medical certificate to manager - Applicant subsequently received dismissal letter - Respondent failed to raise concerns about applicant's alleged general poor state of health with him - Also failed to advise applicant in timely way job could not be kept open - Dismissal unjustified - Remedies - Unable to find alternative employment - Applicant sought lost remuneration from time medically fit until age 66 on basis would have kept working - Appropriate to award future loss - Limiting award until age 65 made allowance for unexpected - Length of service nearly 20 years - Storeman |
| Result | Application granted ; Reimbursement of lost wages and benefits (9 months) ; Future loss of remuneration and benefits (5 months) ; Compensation for humiliation etc ($12,500) ; Costs reserved |
| Statutes | ERA s103A |
| Cases Cited | Air New Zealand Ltd v Hudson (2006) 3 NZELR 155;Barry v Wilson Parking NZ Ltd [1998] 1 ERNZ 545;Canterbury Clerical Workers IUOW v Andrews and Beaven Ltd [1983] ACJ 875;Hoskin v Coastal Fish Supplies Ltd [1985] ACJ 124;Motor Machinists Ltd v Craig [1996] 2 ERNZ 585;Paykel Ltd v Morton [1994] 1 ERNZ 875 |
| Number of Pages | 7 |
| PDF File Link: | ca 163_06.pdf [pdf 44 KB] |