An employee working as a manager
aggravated an old back injury while lifting some boxes at work. The employee
provided her employer with medical certificates allowing her time off work but
was dismissed soon after for faking the injury.
The Employment Relations Authority
upheld the employee’s personal grievance claim for unjustified dismissal.
The ERA held that the employer failed to
act as a fair and reasonable employer could in all of the circumstances by
failing to discuss its concerns with the employee who was completely unaware
that the legitimacy of her injury was at issue.
The ERA also found that the employer had
failed to properly investigate their concerns about the alleged dishonesty, and
noted that the employer could have requested the employee to undertake another
medical examination.
The ERA ordered the employer to pay the
employee $15,250 in lost wages and KiwiSaver payments plus $8,000 compensation
for hurt and humiliation.
Alan Knowsley
Employment Lawyer Wellington
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