Man who slept on job wrongly dismissed

A Tauranga man who continually fell asleep on the job has been awarded $4000 for unjustified dismissal.

The Employment Relations Authority (ERA) said Mark Scragg was employed in a computer software role at McAlpine Hussman sheet metal factory in Tauranga from October 2, 2006 until August 1, last year.

In late 2007 staff told Mr Scragg's manager Alan Prestage he was closing his eyes during work.

Early the following year, Mr Scragg confirmed to Mr Prestage he had a sleep disorder, the ERA report said.

An ACC occupational therapist recommended Mr Scragg take naps during his lunch break to try to combat the symptoms.

Mr Scragg did not do this as he said he only slept when he was drowsy, which did not necessarily coincide with his lunchbreak.

Later in the year Mr Prestage found Mr Scragg fast asleep with his head on his keyboard and had to wake him. He told Mr Scragg that falling asleep during work was unacceptable.

"Mr Prestage said Mr Scragg's sleeping was visible to staff and was affecting team morale - staff members dropped a book to wake Mr Scragg up (and) the factory complained of delays..." the report said.

Mr Scragg attended a disciplinary meeting and said he could not control his sleep, but proposed a daily 20 minute nap be taken in his car when he felt drowsy.

His request was denied and Mr Scragg was given one month's notice.

ERA member Marija Urlich said Mr Scragg suffered from an accident related disability with associated pain, the treatment for which led to his sleep apnoea, which resulted in sleeping on the job.

Ms Urlich found Mr Scragg had been unjustifiably dismissed because he had not been told before the disciplinary meeting that he could be fired as a result of it.

She ordered the company to pay Mr Scragg $5000 because of the negative impact and distress caused by his dismissal. But that sum was reduced by 20 per cent because Mr Scragg was partly to blame for being fired for failing to take lunchtime naps as well as not advising Mr Prestage he was regularly falling asleep during work hours.

- NZPA