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Geen v The Commissioner of Police
17 Jul 2006, A Dumbleton, AA 241/06, (12 pages)
UNJUSTIFIED DISADVANTAGE - Applicant on sick leave - Had developed medical condition preventing keyboard use, which was essential to her position - Respondent sent letter advising sick leave entitlement exhausted - Applicant claimed compelled to return to work - Injured at work in accident - Could have happened to her, or any employee, any time - Not compelled to return to work by letter, and no causal link between this and injury - Letter necessary under collective employment agreement ("CEA") - Applicant not offered alternative position which involved keyboard use - Respondent discharged obligation to consider suitable redeployment opportunities - No unjustified action in any of above - No disadvantage - UNJUSTIFIED DISMISSAL - Medical retirement - CEA had termination clause allowing respondent to cry halt to employment relationship with injured employee - Fair and reasonable employer would not have dismissed without giving access to information relevant to continuation of employment, or without giving opportunity to comment - Breached s4(1A) Employment Relations Act 2000 duty of good faith - Statutory, contractual and judicial principles of procedural fairness breached - Remedies - Likely still would have been medically retired had respondent acted in good faith - No loss as reasonable alternative positions not acceptable to applicant - ARREARS OF HOLIDAY PAY - Claimed should have been paid sick leave while on holiday - Appropriate to deduct annual leave as leave taken for purpose of holiday - No holiday pay owing - Length of service 18 years - Dispatcher
Result: Application dismissed (Unjustified disadvantage, arrears of holiday pay) ; Application granted (Unjustified dismissal) ; Reimbursement of lost wages (three months) ; Compensation for humiliation etc ($4,000) ; Costs reserved
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