| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 155/10 |
| Hearing date | 26 Aug 2010 |
| Determination date | 01 October 2010 |
| Member | P R Stapp |
| Representation | S Mitchell ; G Malone |
| Location | Napier |
| Parties | Longtime v AFFCO New Zealand Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant claimed dismissed when respondent failed to offer further seasonal employment – Applicant suffered back injury and on alternative work plan – Respondent required applicant to obtain medical evidence to show fit to resume work to undertake normal duties – Workplace assessment recommended light duties and medical review indicated applicant at increased personal risk of suffering further back injury – Applicant unable to return to normal full time duties – Respondent decided not to reemploy applicant – Authority found collective employment agreement (“CEA”) placed obligation on respondent to reemploy seasonal employees – Found applicant had genuine and reasonable expectation of reemployment – Respondent claimed applicant did not suffer workplace injury – Found open to respondent to reach conclusion about injury – Found applicant not given any advance notice that continued employment seriously at risk for reasons relied upon – Found fair and reasonable employer would have enabled applicant to comment on decision – Authority declined to give any weight to evidence another employee rehabilitated as permanent employee – Authority accepted no work for applicant except make up work – Found fair and reasonable employer would have implemented return to work plan – Found respondent obligated to provide applicant with security of employment enjoyed as seasonal worker under CEA – Found applicant cleared for duties but respondent entitled to be satisfied applicant fit to undertake normal duties – Found delay in finding specialist to provide information requested – Found respondent relied on perception of risk not to reemploy applicant – Found no distinction between work related injuries and other injuries – Found respondent failed to meet obligations to applicant – Found applicant suffered disadvantage – Found applicant deprived of opportunity to work – REMEDIES – No contributory conduct – $10,350 reimbursement of lost wages appropriate – $5,000 compensation appropriate |
| Result | Application granted ; Reimbursement of lost wages ($10,350.62) ; Compensation for humiliation etc ($5,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | Health and Safety in Employment Act 1992 |
| Number of Pages | 9 |
| PDF File Link: | wa 155_10.pdf [pdf 28 KB] |