Claim of unjustifiable dismissal, wages loss

Press, 17 February 1984, Page 7

Claim of unjustifiable dismissal, wages loss

A lift worker who had been granted six months leave of absence for medical reasons was dismissed by his employer, T. L. Jones and Son, Ltd, six weeks before he was to resume work, the Arbitration Court was told yesterday. The Engineers’ Union laid a personal grievance claim against the company on behalf of Peter Charles Clark, who had been employed as a fitter’s mate for three years and had taken leave to wean himself off medication for a mild form of epilepsy. Evidence was given that the company was in a fragile financial position and during Mr Clark’s leave it became apparent that there would not be enough work for him when he returned. The union (Miss K. Stringleman) claimed that Clark was unjustifiably dismissed because of his epilepsy, and sought $l6OO compensation for this and $3160 for loss of wages. The company (Mr A. J. Davis) argued that Mr Clark had

been made redundant. The Court, comprising Chief Judge Horn, Messrs T. R. Weir and Mr E. W. J. Ball, reserved its decision. Mr Clark told the Court that he understood he had been granted six months leave without pay and his job would be available to him at the end of that time. If he had thought he would lose his job he would not have taken leave and would have stayed on the medication. He left work in midMarch, 1983, and had no communication with the company until he received the letter terminating his employment in August, 1983. The company was in a difficult financial position in 1982 and 1983, and a Dunedin accountant, Mr R. R. Brown, was appointed statutory manager. Departmental managers were told To run “a tight ship” and Mr Brown said he adopted a staffing policy of natural attrition.

The lift sales manager, Mr J. G. Davies, and the lifts contracts manager, Mr P. J. Thomson, approached him when it became apparent they would be overstaffed when Mr Clark returned. Mr Clark’s employment was terminated be-

cause he was the last staff member employed and the least skilled — not because of his illness.

Mr Clark’s job was temporarily filled by apprentices from the company’s contracting division, but this staff was no longer available when the company was taken over by Aotea Electric, Ltd, Mr Davies said. The company did not have enough work on its books to maintain its staffing levels and a longer serving, more experienced man was given Mr Clark’s job.

Mr Thomson wrote the letter terminating Mr Clark’s employment. He said that the dismissal had nothing to do with Mr Clark’s illness, but he had become redundant although there was no mention of this in the letter. Mr Thomson said this was probably because of his own inexperience in these matters and with hindsight he agreed it had probably been unfair not to discuss the matters with Mr Clark.

The only other person dismissed from the company was the governing director and he had not received any redundancy payment.