The Employment Relations Authority has upheld a personal
grievance for unjustified dismissal. An
employee of 20 years’ service was dismissed on medical grounds after he
suffered a second episode of epilepsy at work.
Following the initial episode the employee was cleared to return to work
under a buddy system so he was not alone if he had a further episode.
The employee while working did suffer a further episode
and the employer decided to investigate termination for medical
incapacity. The medical reports obtained
did indicate that the employee would be safe to return to work as he got prior
warning of the onset of an epileptic episode and could therefore remove himself
from dangerous machinery. However the
employer decided to terminate for medical incapacity on the basis of the
dangers of an accident around machinery and because they did not believe the
employee was being completely truthful with them.
The ERA held that the employer was wrong to dismiss on the
basis of the evidence that it held. It found that no reasonable employer could
believe that dismissal was justified when the medical evidence pointed to
safety to return to work. It also found that any issues of the employee not
being truthful had not been put to the employee for him to respond. The ERA awarded $20,000 in compensation.
Alan
Knowsley
Employment
Lawyer
Wellington
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