Attack victim not unfairly dismissed

NRC CEO Malcolm Nicholson terminated Mr Nager's employment in March 2014 because the council could not keep his position open any longer and his continued absence. Photo / John Stone

"The law is clear that an employer is not bound to hold a job open indefinitely." Eleanor Robinson, Employment Relations' Authority member

The Employment Relations' Authority has thrown out a claim for unfair dismissal from a former Northland Regional Council (NRC) employee who was subjected to a brutal roadside bleach attack.

Michael Nager alleged NRC's actions after the bleach attack constituted a pattern of bullying and harassment, and that there was a breach of good faith.

But ERA member Eleanor Robinson ruled there was no failure to provide him with adequate support after his return to work following the attack.

Mr Nager was left with post traumatic stress disorder and would have ultimately been absent from work for up to six and a half months.

The council arranged and paid for his counselling and medical treatment and kept in regular contact with him in the days following the attack, she said.

Mr Nager said he was disappointed with the authority's decision and was considering appealing to the Employment Court.

While working as an environment monitoring officer, Mr Nager was stopped while driving an NRC vehicle on June 10, 2013 and assaulted by two men who also threw bleach on his face. The attack happened the day he was due to give evidence in the Whangarei District Court on an alleged breach of an enforcement order by two companies.

Concerned the NRC vehicle he was driving on June 10, 2013 could be a target for those who attacked him, he asked the council to remove it from his home.

He also took issue with being allocated his "old" vehicle as the smell of bleach in it triggered a "flashback" that was so bad he had had to take annual leave. But Ms Robinson said Mr Nager did not inform the NRC about the strong smell or the flashbacks.

NRC chief executive Malcolm Nicholson terminated Mr Nager's employment on March 17, 2014 because the council could not keep his position open any longer and his continued absence put strain on other employees.

A medical certificate which stated Mr Nager was totally unfit for work until April 30, 2014 meant he would have been absent for six-and-a-half months.

"The law is clear that an employer is not bound to hold a job open indefinitely in the case of an employee no longer being able to perform the duties for which they are employed," Ms Robinson ruled.