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Electrician dismissed after undergoing surgery…

An employee who worked as an electrician has had her personal grievance claim for unjustified dismissal upheld by the Employment Relations Authority.

The employee was dismissed after she was told by her physiotherapist that she could not do any physical work. The employer considered her recovery would take a substantial amount of time, and therefore felt her continued employment was untenable due to the physical nature of the job.

The ERA held that the employer failed to act as a fair and reasonable employer would in the circumstances as the decision to dismiss the employee was predetermined.

The ERA found that the employer failed to notify the employee of her potential dismissal and did not enquire into her circumstances. The ERA felt that the employer’s decision was unjustified as the employee began work for her new employer with full capacity shortly after her dismissal.

The ERA awarded $2,000 compensation for humiliation, loss of dignity and injury to feelings.