| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 145 |
| Hearing date | 9 Feb 2011 - 15 Mar 2011 (2 days) |
| Determination date | 16 September 2011 |
| Member | D Asher |
| Representation | I Hard ; I Reid |
| Location | Wellington |
| Parties | Wright v Strait Shipping Ltd |
| Summary | RAISING PERSONAL GRIEVANCE - Whether grievance raised within 90 days - Applicant claimed unjustifiably dismissed – Applicant claimed grievance raised verbally by union representative at meeting with company - Respondent claimed union emails did not mention grievance and no grievance raised – Authority found grievance raised within 90 days - UNJUSTIFIED DISMISSAL – Incapacity - HEALTH AND SAFETY - Applicant claimed unjustifiably dismissed after accident caused by respondent’s failure to provide safe workplace - Applicant claimed injured as respondent removed step, injured back and spent prolonged period off work – Respondent terminated applicant’s employment year and a half later due to inability to work – Industry standards set out various categories of fitness and employee absent for more than 30 days had to obtain new certification before returning to work – Respondent claimed applicant absent from work for more than 15 months but did not produce certificate permanently unfit for work – Doctor found applicant indefinitely but not permanently unfit for sea service – Found applicant remained unfit to undertake employment duties and no evidence injury caused by respondent’s negligence – Dismissal justified – RECOVERY OF MONIES – Applicant claimed due to injuries entitled to $10,000 allowance - Parties’ employment agreement provided that if applicant permanently unfit and employment terminated respondent would pay applicant $10,000 allowance – Respondent denied applicant eligible for allowance and claimed payment only due where applicant medically certified as permanently unfit – Found applicant certified as indefinitely unfit and applicant only eligible for allowance when declared permanently unfit – Found however employment agreement required respondent to discuss appropriate course of action for applicant and ongoing medical examinations required until applicant certified medically unfit – Application dismissed - Catering Attendant |
| Result | Application granted (raising of personal grievance) ; Applications dismissed (unjustified dismissal and recovery of monies) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | Maritime Transport Act 1994 s36(1)(o) |
| Number of Pages | 9 |
| PDF File Link: | 2011_NZERA_Wellington_145.pdf [pdf 26 KB] |