The employer held the worker back despite a medical clearance to return
A stevedore dismissed for medical incapacity has won interim reinstatement after his employer failed to adequately explore alternative duties.
On 24 March 2026, the Employment Relations Authority ordered Qube Ports NZ Limited to reinstate Craig Campbell after finding his 18 February 2026 dismissal raised serious questions for a full hearing.
Campbell, a Port of Tauranga stevedore since March 2023, disclosed childhood asthma at his pre-employment medical. On 6 January 2024, while working in a ship's cargo hold during palm kernel operations, he suffered acute respiratory and facial irritation. His doctor advised against bulk work involving palm kernel.
Qube accommodated him for 15 months with van driving and general hand work. He met his annualised hours in 2024 without further asthma incidents.
By April 2025, Qube's General Manager – Industrial Relations, Dean Carter, signalled the exemption could not continue indefinitely. Campbell then sustained a finger injury at work on 14 April 2025 and a non-work-related foot injury in May 2025, sidelining him for months.
When Campbell provided a return-to-work certificate in December 2025, Qube did not allow him to return. Campbell agreed to attend an occupational health assessment undertaken by Dr Roderick Douglas, received on 30 January 2026. The parties interpreted the report very differently. Qube concluded Campbell could not safely work in any dusty...
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