| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 428/10 |
| Hearing date | 1 Jul 2010 |
| Determination date | 30 September 2010 |
| Member | D King |
| Representation | AM McInally ; A Russell |
| Location | Auckland |
| Parties | Davies v Downer EDI Works Ltd (formerly Works Infrastructure Ltd) |
| Summary | UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed for breaching rehabilitation plan and policy – Respondent argued applicant injured at work and as part of recovery plan played golf despite being instructed not to – Respondent had contractual relationship with ACC and contract with claim administrator to deliver entitlements to injured employees and manage work injuries - Applicant given final written warning and informed expected to take responsibility for and comply with agreed rehabilitation plan – Subsequently applicant restricted to light and medium duties – Applicant signed individual rehabilitation plan (“IRP”) where agreed would not play golf – Further IRP signed which made no reference to prohibition on playing golf – Subsequently respondent emailed applicant that company rehabilitation plan stood and therefore not allowed to play golf until full clearance provided by doctor – Applicant arranged to see doctor for final sign off – Subsequently applicant cleared for normal duties – Applicant called to disciplinary meeting where respondent alleged applicant failed to comply with rehabilitation plan by playing golf before final sign off – Applicant dismissed – Authority found applicant admitted, after initial denial, knew prohibited from playing golf until full clearance received on set date – Found while IRP did not contain express reference to golf prohibition, applicant given lawful and reasonable instruction not to play golf until full clearance obtained – Found respondent’s action to dismiss applicant those of fair and reasonable employer – No unjustified dismissal – Water Serviceman |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | Injury Prevention Rehabilitation and Compensation Act 2001 |
| Number of Pages | 5 |
| PDF File Link: | aa 428_10.pdf [pdf 20 KB] |