| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 455/10 |
| Hearing date | 3 Aug 2010 |
| Determination date | 22 October 2010 |
| Member | R A Monaghan |
| Representation | C Abaffy ; E Coats |
| Location | Auckland |
| Parties | Katene v Frucor Beverages Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant injured hand at work – Injury reported and applicant continued working to end of shift – Applicant noticed pain and swelling and obtained medical certificate saying unfit to work – Applicant required to report to company doctor but refused – Applicant subsequently taken to company medical centre and cleared for work – Applicant asked to attend disciplinary meeting to discuss failure to follow health and safety procedures, refusing to follow reasonable instruction and failing to follow directions – Applicant claimed did not break any rules – Applicant issued with final written warning – Authority found applicant aware of procedure following injury at work – Found respondent’s policy inconsistent on whether employee could be requested or required to attend company doctor – Found employer not permitted to specify when attendance required – Found instruction that applicant report to work to attend with company doctor within scope of obligations – Found respondent’s policies did not expressly authorise specific requirement - Found warning not action of fair and reasonable employer – Unjustified disadvantage – REMEDIES – Applicant lost one day’s pay and matter resolved between parties – Found applicant contributed so significantly to circumstances giving rise to personal grievance, no compensation award – Machine operator |
| Result | Application granted ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | New Zealand Bill of Rights Act 1990 |
| Cases Cited | Radio New Zealand Limited v Snowdon [2003] ERNZ 12;Sky Network Television Limited v Duncan [1998] 3 ERNZ 917;Wellington etc Clerical etc IUOW v College Group Ltd [1984] ACJ 315 |
| Number of Pages | 10 |
| PDF File Link: | aa 455_10.pdf [pdf 35 KB] |