| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 30 |
| Hearing date | 7 Sep 2010 |
| Determination date | 20 January 2011 |
| Member | R Arthur |
| Representation | B Quarrie ; E Warden |
| Location | Whangarei |
| Parties | Winder v Chief Executive of the Department of Corrections |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent’s conclusion that applicant’s medical issues did not permit full duties without risk to self or others – Applicant told to apply for medical retirement or respondent would invoke involuntary medical retirement – Collective employment agreement allowed for respondent to require Corrections Officers to retire in certain circumstances – Third specialist opinion obtained following mediation – Opinion advised applicant able to return to full duties and parties acted on advice – Applicant claimed unjustifiably disadvantaged by respondent refusing to allow return to full time duties and imposition of medical retirement – Found at heart of applicant’s assertion that respondent’s representatives had drawn unreasonable or at least unduly overcautious conclusions about content of medical advice available – Applicant claimed respondent either ignored third specialist opinion or purposely chose to read it in way supporting contrary view – Found fair and reasonable employer would have reached same conclusion as respondent on basis of reservations expressed by both physicians and operational requirements of prison – Found third specialist opinion concluded applicant could deal with control and restraint situations – Found no unfairness in how respondent dealt with applicant – Found minor error in letter to applicant could not warrant unjustified disadvantage finding – Found no unjustified disadvantage – Authority noted even if found unjustified actions by respondent, would not have found evidence sufficient to accept applicant’s claim stress relating to future of employment caused separation from wife to be recognised in compensation award – Corrections Officer |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 9 |
| PDF File Link: | 2011_NZERA_Auckland_30.pdf [pdf 34 KB] |