Court awards worker $13,328

Press, 2 July 1985, Page 4

Court awards worker $13,328

PA Wellington The Arbitration Court has ruled that a rigger who was unjustifiably dismissed from his job last year be awarded $13,328 as loss of wages and compensation. The Court said that Mr Lou Niha’s dismissal by Chicago Bridge and Iron, Ltd, for medical reasons “was procedurally unfair on at least two grounds.” The company is a contractor on the refinery exKion site at Marsden t.

It made an appointment in September last year for Mr Niha, who had been on accident compensation several times in 1984, to see a Whangarei medical specialist.

The company informed Mr Niha by letter on the morning of the appointment that he was to go, saying he was “required to attend” in “terms of clause 14 of the site agreement.” Judge Williamson said the employer had no right to make such a requirement and the arranging of the appointment in this way was “seriously unfair and improper.” The employer had a right

to have a second opinion from its own nominated doctor only when an employee had claimed sick pay supported by a medical certificate, he said. The Court, also comprising Mr Philip Oldham, the employer representative, and Mr David Jacobs, the worker representative, ruled that there was a “second serious unfairness” when the finished medical report was not given to Mr. Niha to examine.

Mr Niha saw the report, which said he was unfit to work as a rigger, only on the day he was dismissed. “Where ... an employee disputes the soundness of a medical opinion ... he must be given the opportunity to bring forward additional medical evidence or opinions,” Judge Williamson said.

Another doctor, two weeks later, certified that Mr Niha was fit to work. The Court ruled that Mr Niha receive $9328 for loss of wages, and compensation of $4OOO. The compensation figure was large because Mr Niha had not been entitled to redundancy compensation, it said.