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for medical incapacity? provided accommodation and power as part of his employment agreement, so basically he is getting free board, and power and doing no work at all for it and in this case is spending his ACC money in town drinking with his mates! To make matters worse the employer and the employee both agree that it is not working out for them (and had done prior to the accident). The problem now is that he cannot be fired, laid off or quit as he is on ACC due to let’s say, selfinflicted injuries while having too much fun. Then to top it all off the farm worker went on the booze in town and walked home after his night out, a distance of 18 km, on an ankle that is apparently too sore to work in a dairy shed! The farmer had issued him with a number of warnings and did everything that is required to dismiss this worker, but unfortunately it has been difficult. In the legislation though there is a point where dismissal is more likely and subsequent to all of this one
injury developed a complication which now allows the employer to dismiss the worker for long term medical incapacity. After all the farmer did require another staff member and the accommodation which added strength to his case. For more info see the Department of Labour website and always consult legal advice if unsure. Here are some tips to help achieve the best outcome possible:
prognosis or specialist’s opinion; Warn the employee that their long-term absence may necessitate dismissal, and ask the employee to give feedback during the decision-making process; and Consider giving the employee alternative, light work (often difficult on a dairy farm) if they are
temporarily unable to carry out their normal job. Matt Jones is managing director of Agstaff
An employer who is considering the dismissal of an employee on longterm accident compensation should:
Act in line with any relevant provisions in the employment agreement or the employer’s policies; Assist with any vocational rehabilitation programme for the employee through ACC; Fully investigate an employee’s work capability and the actual needs of their job; Base their decision-making on an up-to-date medical
Nils Macfarlane New Zealand Immigration Adviser IAA License No 201401035
Servicing the South Island Farming Community
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