In early December 2005 Captain G became aware of two incidents involving Mr N which lead him to conclude that Mr N was under stress. He arranged an informal meeting with Mr N to find out what was happening, determine the situation and what help could be provided. Captain G suggested Mr N visit his doctor for a blood pressure check and take a couple of weeks off. Mr N agreed to the proposed break.
After the discussion Captain G contacted the Air New Zealand Medical Officer. The doctor recommended a stand down period of one month. Meanwhile Mr N went to his doctor who reported that his blood pressure was normal. Captain G then advised Mr N by e-mail (no good can come of using e-mail in these situations!) that he was standing him down for a minimum four week period and that he required Mr N to obtain a new Medical Certificate before returning to work.
Mr N said he was “totally sandbagged” by this.
Worse was to come. Captain G contacted Mr N’s Doctor and maintained at the hearing that the GP told him that Mr N was suffering from depression. Captain G rang the Civil Aviation Authority (CAA) and advised them of the stand down and said it was due to depression and that Mr N was receiving “psychiatric counselling”. CAA withdrew Mr N’s Medical Certificate.
At the hearing Captain G maintained that the information he received from the GP was that Mr N was received counselling for depression or a stress related condition. The GP said he did not say to Captain G that Mr N was having counselling of any sort.
The Authority member found that there was no doubt that Captain G had acted in good faith; however, the Captain had got it quite wrong when he gained the impression that Mr N was suffering a psychiatric or psychological illness. The problem was compounded by the fact that Captain G did not meet with Mr N but rather sent an e-mail to him advising about his stand down period.
Mr N successfully argued that his employment had been unjustifiably disadvantaged when the employer supplied information to CAA which was wrong particularly when the entire Captain had to do was check with him before going to the CAA and he would have found out that he had made an error.
Mr N was awarded $5,000.00 compensation because of the emotional suffering he underwent.
The same themes come through time and time in cases.
1. Do not do anything until you know all the facts. You are far better to ask and ask again than jump to conclusions.
2. Don’t communicate such important matters via e-mail.
I will be giving a free seminar on employment law In the evening on 1 October. E-mail Kendyl at Venture Southland to book your place (kendyl@venturesouthland.co.nz) or call 211 1400.
