| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 477/10 |
| Hearing date | 30 Aug 2010 |
| Determination date | 10 November 2010 |
| Member | V Campbell |
| Representation | J McCleary ; K Stretton |
| Location | Whakatane |
| Parties | Morgan v Waiotahi Contractors Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Incapacity – Applicant suffered ankle injury while working – Applicant required surgery on ankle and cleared to work light duties until surgery – Respondent generally kept informed at every stage of prognosis of injury and outcome – Authority found applicant three days away from having ankle operated on at time of dismissal – Respondent not satisfied applicant would be back at work eight weeks after operation – Applicant relatively long standing employee – Found applicant suffered work related accident and placed on light duties without complaint from respondent – Respondent required all trucks on road during busy period – Applicant informed respondent contemplating review of applicant’s ongoing employment – Applicant advised dismissal possible – Found new driver approached respondent about possible employment – Found respondent made decision to dismiss before meeting with applicant – Found respondent did not act as fair and reasonable employer – Found respondent did not consider alternatives to dismissal – Dismissal unjustified – REMEDIES – Found respondent had no further light duties available for applicant – Found applicant did not lose any wages as reverted back to ACC payments until new employment found – Found applicant paid less in new position and additional travel required – $1,020 reimbursement of lost wages appropriate – Found applicant effectively never out of job because started new employment straight after rehabilitation period - $3,000 compensation appropriate – Driver/operator |
| Result | Application granted ; Reimbursement of lost wages ($1,020) ; Compensation for humiliation etc ($3,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Cases Cited | Air New Zealand v Hudson [2006] ERNZ 415;Barry v Wilson Parking [1998] ERNZ 545;Motor Machinists Ltd v Craig [1996] 2 ERNZ 585;Toll New Zealand Consolidated Ltd v Rowe unreported, Shaw J, 19 Dec 2007, AC 39A/07;X v Auckland District Health Board [2007] ERNZ 66 |
| Number of Pages | 7 |
| PDF File Link: | aa 477_10.pdf [pdf 25 KB] |