| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 140/09 |
| Hearing date | 15 Apr 2009 |
| Determination date | 05 May 2009 |
| Member | L Robinson |
| Representation | T Snell ; K Stretton |
| Location | Auckland |
| Parties | Douglas v Godfrey Haulage Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Applicant required to attend medical examination prior to interview – Examination agency nurse contacted respondent as concerned about applicant’s readiness to work and advised to proceed with caution – Concerns included obesity, leg ulcer and knee injury – Examination report recommended applicant for employment – Authority found likely respondent had not read report before or during interview – Applicant’s evidence accepted that respondent did not discuss health concerns stated in report at interview – Found respondent offered and applicant accepted employment – Applicant advised would be trained for one week by manager – Applicant completed one week training and returned to work following week – Next day manager contacted applicant and told applicant to “finish up” – Found manager told applicant to join gym to assist weight loss and consider stomach stapling operation – Found manager told applicant did nothing wrong but “too big for job” – Respondent argued applicant employed on unsuccessful one week trial period – Authority rejected argument that trial period could be ended any time during three month trial period in employment agreement – Authority found respondent offered and applicant accepted employment before respondent aware of precise details in medical report – Found respondent not entitled to terminate employment before three month trial period finished – Found no agreement to one week trial period – Dismissal unjustified – Remedies – No contributory conduct – Found applicant entitled to $10,500 reimbursement of lost wages – Applicant claimed humiliated and reduced to tears because of dismissal – Authority accepted applicant experienced financial hardship as unable to service liabilities – $4000 compensation appropriate – Driver |
| Result | Application granted ; Reimbursement of lost wages ($10,500) ; Compensation for humiliation etc ($4,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s67;ERA s67A;ERA s67B;ERA s62;ERA s63;ERA s124 |
| Number of Pages | 8 |
| PDF File Link: | aa 140_09.pdf [pdf 31 KB] |