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

The employee was dismissed for incapacity after she broke her ankle and was told by medical professionals that she was unable to walk and could only work a desk job for three hours per day.

The ERA held that the employee was incapacitated as her job involved walking and driving. Because of the limited light duties available at the time the ERA found that the dismissal was reasonable within the circumstances.

The ERA noted however that the process the employer followed in terminating her employment was not what a fair and reasonable employer could have done in all the circumstances. The ERA found that the employer failed to alert the employee of the matter giving rise to the dismissal and failed to give her any opportunity to respond.

The ERA awarded $1,000 compensation for distress and $600 for costs.