| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 52/10 |
| Hearing date | 26 Nov 2009 |
| Determination date | 08 March 2010 |
| Member | P Montgomery |
| Representation | D Beck ; D Mitchell |
| Location | Christchurch |
| Parties | Bhalla v The Ultimate Care Group Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Incapacity – UNJUSTIFIED DISADVANTAGE – Applicant injured while gardening and informed respondent considering resigning as found night caregiver role too difficult – Applicant provided series of medical certificates stating unfit for work – Respondent became concerned as bureau nurses required to cover shifts expensive – ACC assessment carried out to assess what light duties could be performed – Respondent met with applicant and outlined difficulties faced due to applicant’s unavailability – Applicant unable to perform light duties and further medical certificate stated unfit for work – ACC ceased payments and claimed applicant able to return to work – Applicant rejected offer of casual relief position to help recovery – Meeting held to discuss absence – Found respondent went to some lengths to attempt to maintain applicant’s position – Found respondent did not attempt to casualise employment – Found respondent acted genuinely in applicant’s best interests – Found no unjustified action – Found dismissal occurred on notice and confirmed by letter – Dismissal justified – PENALTY – Applicant claimed respondent failed to engage constructively in respect of rehabilitation to workplace – Found no breach of good faith – Caregiver |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s4(1A)(b);ERA s103A |
| Number of Pages | 7 |
| PDF File Link: | ca 52_10.pdf [pdf 26 KB] |