| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 259/02 |
| Hearing date | 11 Jul 2002 |
| Determination date | 29 August 2002 |
| Member | R A Monaghan |
| Representation | P Skelton ; G Davenport |
| Location | Auckland |
| Parties | Kendall v New Zealand Fire Service |
| Summary | UNJUSTIFIED DISMISSAL - Compulsory retirement for medical unfitness - Whether s72 Fire Service Act 1975 complied with - Appealed decision to panel of 3 medical experts - 2 experts concluded applicant could never fully return to full duties - Alleged decision flawed as one expert reached conclusion without examining applicant - Alleged given new position which entailed light duties only - Position never created - Temporary measure - Expert relied on previous medical opinions when reaching conclusion - Respondent complied with statutory requirements - Dismissal justified - Firefighter |
| Result | Application dismissed ; Costs reserved |
| Statutes | Fire Service Act 1975 s65;Fire Service Act 1975 s67;Fire Service Act 1975 s69;Fire Service Act 1975 s72;Fire Service Act 1975 s83;Police Act 1958 s28 |
| Cases Cited | Benge v Attorney-General [2000] 2 ERNZ 234;Marshall v Harland & Woolf Ltd [1972] 2 All ER 715 |
| Number of Pages | 8 |
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