| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2011] NZERA Christchurch 175 |
| Hearing date | 17 Jun 2011 - 28 Jul 2011 (2 days) |
| Determination date | 14 November 2011 |
| Member | J Crichton |
| Representation | A McKenzie ; S Turner |
| Location | Christchurch |
| Parties | Cassie v Fonterra Brands (New Zealand) Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Incapacity – Applicant claimed unjustifiably dismissed by respondent – Applicant suffered non work injury when hit by skateboarder – At time of dismissal applicant had been absent from work for 39 weeks – Applicant away from work on earnings-related compensation until cover was withdrawn and applicant placed on paid leave by respondent – Applicant unable to return to work because no light duties available – Respondent sought own medical report following conflicting medical certificates provided by applicant – Respondent reached preliminary conclusion to terminate applicant’s employment based on medical report – Applicant took opportunity to provide further medical assessments but respondent preferred own medical report – Applicant dismissed – Respondent claimed feared applicant would be reinjured at work – Respondent claimed entitled to act to exclude possibility that applicant might be reinjured – Senior manager (“S”) claimed applicant’s medical certificate suspicious because followed withdrawal of compensation and letter from S stating did not think possible for applicant to return to work – S’s suspicions heightened by applicant’s apparent failure to make any progress in rehabilitation until compensation ceased – Authority found matters only impressions that S had which influenced how S approached matter – Found no requirement to disclose impressions to applicant – Found respondent met obligations – Found proper process – Dismissal justified – Storeperson |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;Health and Safety in Employment Act 1992 |
| Cases Cited | C v AL Ltd unreported, A Dumbleton, 13 Jan 2010, AA 6/10;Hoskin v Coastal Fish Ships Supplies Ltd [1985] ACJ 124 |
| Number of Pages | 7 |
| PDF File Link: | 2011_NZERA_Christchurch_175.pdf [pdf 35 KB] |