Employer fell short in justifying approach to dismiss employee: ERA
A former bus driver in Wellington has won his lost wages back after the Employment Relations Authority (ERA) ruled that he was unjustifiably dismissed by his employer in 2021.
John McKenzie was a bus driver employed by Tranzurban Wellington Limited in June 2019 - but was at "higher risk for COVID" when the pandemic spread in 2020.
He presented several medical certificates to Tranzurban, including one that said he would be "unable to return till COVID level one is attained."
From September 8, 2021, and until October 13, 2021, McKenzie was using his annual leave or accrued days to cover his salary. By October 18, he was on leave without pay.
By September 16, McKenzie also informed a Tranzurban employee that he had a serious asthma attack and migraines "brought on by excessive stress, anxiety and panic attacks from poor communication from Tranzurban and no individual solutions for support and lack of empathy."
By September 19, he also informed Tranzurban to not contact him. By September 28, however, the Amalgamated Workers Union (AWUNZ) on behalf of McKenzie told Tranzurban that while he cannot return to work until COVID level one, the bus driver would like to return and suggested several measures to assist his comeback.
Tranzurban, however, pointed out that it had not received a medical certificate from McKenzie since September 2020, adding that his recent stress and anxiety was concerning to the...
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