| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 155/10 |
| Hearing date | 24 Aug 2009 - 25 Aug 2009 (2 days) |
| Determination date | 06 April 2010 |
| Member | Y S Oldfield |
| Representation | E Hartdegen ; D France |
| Location | Auckland |
| Parties | Khan v Air New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Incapacity – Applicant injured and required period of leave on earnings related compensation – Vocational Independent Report confirmed applicant could not return to former job – Applicant took up light duties – Applicant believed work expected to turn into permanent administrative role – Respondent claimed no suggestion work would turn into permanent role – Authority found applicant mistaken in perception permanent job would eventuate and ceased job search based on perception – Respondent held meetings to review applicant’s status and explore what suitable alternative roles might be available – Respondent provided training to assist in job search – Positions available unsuitable and applicant unsuccessful in several applications – Applicant given four weeks notice of termination – Found further medical report not required before dismissal – Found applicant given adequate opportunity to raise matters and provide information to respondent – Found Human Resources offered limited support but did not render dismissal unjustified – Found no alternative positions to consider – Found applicant medically fit for only narrow range of jobs – Dismissal justified – JURISDICTION – Respondent claimed applicant’s assertions related to dealings with ACC and rehabilitation so fall outside Authority’s jurisdiction – Found decisions about entitlements under Injury Prevention and Rehabilitation Act 2001 made in accordance with delegated powers – Found decisions not subject to jurisdiction of Employment Relations Authority – Found applicant’s issues must be pursued in different forum |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | Injury Prevention and Rehabilitation Act 2001 |
| Cases Cited | Auckland & Tomoana Freezing Works etc IUOW v Wilson Foods Ltd [1990] 3 NZILR 939;Canterbury Clerical Workers IUOW v Printing & Packaging Corp Ltd [1988] NZILR 1213 |
| Number of Pages | 16 |
| PDF File Link: | aa 155_10.pdf [pdf 45 KB] |