An employee was seriously injured at work by another employee’s carelessness. The employer conducted an investigation into the incident and concluded that it did not need to be reported to WorkSafe New Zealand. The employee effectively resigned after he failed to return to the workplace.

The Employment Relations Authority upheld the employee’s personal grievance claim that he was unjustifiably disadvantaged in his employment but only for his injury, not for his resignation.

The ERA held that the employer disadvantaged the employee by failing to provide a safe working environment. The ERA found that the employee suffered a serious injury in the workplace because the employer failed to adequately check whether their new employee was competent in using company equipment after concerns were raised about his capabilities.

The ERA rejected the employee’s personal grievance claim for constructive dismissal. The ERA found that a single disadvantage does not justify the employee’s decision to resign as the employer’s failure to provide a safe workplace was quickly addressed and the problem remedied.

The ERA noted that it was within the employer’s rights to retain the incompetent employee after investigating the situation and deciding that they could resolve the problem by providing the employee with further training. The ERA also stated that the employer’s decision not to report the incident to WorkSafe was justified because the accident had been investigated, and the employer had received professional advice that disclosure was not required

The ERA awarded lost wages for the period that the employee was off work because of his injuries plus $6,000 compensation for the hurt and humiliation suffered.

 

Alan Knowsley

Employment Lawyer Wellington