Over 1 year's lost wages awarded due to procedural error

An employee has succeeded in his personal grievance claim for wrongful dismissal and been awarded lost wages and compensation after the employer got the procedure wrong when dismissing for medical incapacity.

The employer obtained a medical report that said the employee’s eyesight was not sufficient to allow him to continue as a driver but a second opinion should be obtained.  The employer did not get a second opinion but dismissed the employee of 38 years standing.

The ERA ordered the employee to get a doctor’s certificate.  This one found that his eyesight was not such that he could not drive but other conditions meant he was unfit to drive.  The ERA refused to reinstate the employee as he was still unfit to drive.

However, it awarded over 1 year of wages and $15,000 compensation for the failure to follow a proper process in the medical dismissal even though the decision to dismiss was actually justified.

Alan Knowsley
Employment Lawyer
Wellington