| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 206/10 |
| Hearing date | 29 Mar 2010 |
| Determination date | 03 May 2010 |
| Member | D King |
| Representation | S Morris (in person) ; R Kroon |
| Location | Auckland |
| Parties | Morris v Oceania Care Company (No 1) Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Incapacity – West Harbour Lodge (“WHL”) site owned by respondent – Applicant suffered work injury and subsequently absent – Meeting held about return to work and agreed difficult to provide work which did not entail heavy lifting – Further leave taken – Worksite assessment undertaken and rehabilitation plan stated return date to work – WHL laundry facility upgraded after worksite assessment conducted and light duties no longer available – Applicant’s doctor doubted applicant would ever be able to return to former job because of physical demands – Meeting held to discuss possible return to work following treatment – Agreed to return to work on limited basis as advised by doctor – Applicant undertook work trial but unable to cope with duties – Applicant’s employment terminated – Authority found applicant unable to carry out duties – Applicant claimed respondent showed total disregard for advice of doctors and made applicant undertake duties clearly not capable of doing – Found applicant undertook duties doctor believed applicant could do but was unable to – Found alternative light duties unavailable – Dismissal justified – Laundry assistant |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 8 |
| PDF File Link: | aa 206_10.pdf [pdf 24 KB] |