Jul 2016 · Bay of Plenty, New Zealand
Site supervisor with sleep condition fell asleep operating crane and driving; ending of employment unjustified
A long-serving site supervisor at a precast concrete company developed a medical condition in mid-2016 that led to him regularly falling asleep at work, including, according to company evidence, while operating a crane and once while driving a company vehicle; at the time he was working mainly at the company's precast factory in Bay of Plenty. After he asked to work closer to home and declined offered sabbatical leave, the company treated an unclear remark at a meeting later that year as him finishing up, took back his vehicle, phone and tools and processed his final pay, which the Employment Relations Authority found was a dismissal. The Authority found the dismissal unjustified because the sleep and performance concerns that more likely than not lay behind it were never raised or investigated with him. It reduced his remedies by 40% because he had not clarified his own position.
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