| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 330/08 |
| Hearing date | 21 Aug 2008 |
| Determination date | 19 September 2008 |
| Member | M Urlich |
| Representation | NR Rodgers (in person) ; R Towner |
| Location | Auckland |
| Parties | Rodgers v Perrys Automotive Group (North Shore) Ltd t/a Perrys West Auckland |
| Summary | UNJUSTIFIED DISMISSAL – Incapacity – Claimed dismissal unjustified because respondent refused to place applicant on light duties, told ACC case manager was dismissed, and refused to make available relevant information – Applicant injured wrist at work – Applicant unsuccessfully attempted return to work following week and from then on received accident related compensation – Applicant issued with medical certificate stating to be off work for month – Three weeks later applicant issued with second certificate for further three weeks of light duties – Respondent argued had no light duties to offer applicant – ACC workplace assessment concluded applicant’s injury prevented performance of current role and therefore return to work programme could not be established – Subsequent medical certificates stated applicant unfit for all duties – Authority found respondent fairly considered whether light duties available – Found return to work attempted but unsuccessful – Authority rejected applicant’s argument that applicant dismissed by ACC case manager – Authority accepted respondent’s submission that failure to provide applicant’s notes from meetings did not prejudice applicant – Authority found no evidence accidents applicant sustained at work resulted from failures by respondent to provide safe workplace – Authority found procedural defects in dismissal did not alter outcome – Dismissal justified – Car groomer |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Cases Cited | Barnett v The Northern Region Trust Board of the Order of St John [2003] 2 ERNZ 730;Barry v Wilson Parking New Zealand (1992) Ltd [1998] 1 ERNZ 545 |
| Number of Pages | 6 |
| PDF File Link: | aa 330_08.pdf [pdf 31 KB] |