| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 425/08 |
| Hearing date | 25 Sep 2008 |
| Determination date | 15 December 2008 |
| Member | D King |
| Representation | M Nutsford ; S Clews |
| Location | Tauranga |
| Parties | Kerry v Tauranga Food Warehouse 2002 Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Incapacity – Applicant dismissed following inability to carry out full time duties due to injury – Respondent claimed dismissal justified – Applicant suffered injury at work – For three years applicant continued part time in light weight duties – Limited light work available and shared among other workers – Applicant put on graduated return to work programme – Occupational therapist (“S”) recommended not increasing applicant’s current hours and continue light duties – Meeting convened by applicant’s ACC case manager (“N”) to discuss injury – Applicant understood meeting only regarding injury –Applicant unrepresented at meeting – Respondent dismissed applicant at meeting – Authority found dismissal procedurally unjustified – Found no notice of dismissal and no opportunity for representation given – Acknowledged respondent may dismiss for illness but must follow proper procedure – Acknowledged respondent made genuine medical evidence on medical evidence – Dismissal unjustified – REMEDIES – No contributory conduct – No loss of remuneration – Found $3,000 compensation for hurt and humiliation appropriate – Shelf stacker |
| Result | Application granted ; Compensation for humiliation etc ($3,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s123(1)(c)(i) |
| Cases Cited | Hoskin v Coastal Fishing Supplies Ltd [1985] ACJ 124;Ioane v Waitakere City Council [2004] 2 ERNZ 194;Telecom New Zealand v Nutter [2004] 1 ERNZ 315 |
| Number of Pages | 6 |
| PDF File Link: | aa 425_08.pdf [pdf 25 KB] |