| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 98/07 |
| Determination date | 30 March 2007 |
| Member | L Robinson |
| Representation | S Mitchell ; T Waddel |
| Location | Auckland |
| Parties | Clarke v PPCS Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant worked at meat processing plant - Received medical clearance to return to work after surgery – Respondent’s health and safety representative concerned about applicant’s return to full time “A grade” duties – Respondent alleged work history indicated average of four injuries per year – Concerned applicant would reinjure himself and could not guarantee his health and safety in A grade role – Refused to allow applicant to return to A grade work – Directed to perform other duties at reduced remuneration – Applicant did not accept work history indicated greater risk of injury - Union concerned rights under Injury Prevention, Rehabilitation, and Compensation Act 2001 breached – Occupational therapist concluded applicant should not perform A grade work – Copy of report not provided to applicant – Applicant felt penalised for early reporting of injuries - Decision applicant would not perform A duties made before consulting him – Applicant told of decision and never invited to discuss matter – No reason could not have been consulted before return to work – Authority unconvinced respondent’s concerns well founded and did not accept its criticism of doctor’s report giving clearance – Respondent had no medical advice to justify rejection of report – If applicant deemed unable to perform tasks was either incapacitated or surplus to requirements – Either event required further enquiry and consultation – No scope under collective employment agreement to alter applicant’s grading classification - Applicant entitled to retain A grade classification and be paid accordingly – Manner respondent decided to change classification unfair – Breach of duties owed to applicant – Unjustified disadvantage - Length of service ten years four months - Meat processor |
| Result | Application granted ; Reimbursement for lost wages (quantum to be determined by parties) ; Compensation for humiliation etc ($5,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | Injury Prevention, Rehabilitation, and Compensation Act 2001 |
| Number of Pages | 8 |
| PDF File Link: | aa 98_07.pdf [pdf 31 KB] |