Too sick for work, but fine for pub

Resene Paints was justified in firing an underperforming worker, who was too ill to come to work but was able to spend two afternoons a week in the pub, the Employment Relations Authority (ERA) says.

Paul Woodhead, who was employed for 15 years as a colour matcher in the Hutt Valley paint factory, claimed he was unjustifiably given final warnings and dismissed last year.

However, ERA member Gregory Wood determined his dismissal was justified and was what a fair and reasonable employer would have done.

In 2007 Resene raised concerns about Mr Woodhead's inadequate colour matching and issued him a final warning.

It also raised concerns about his overtime, productivity and surfing the internet.

However, Mr Woodhead did not attend a disciplinary meeting because he went on sick leave. He provided medical certificates, which stated he was medically unfit, but did not say why.

Mr Woodhead said he was suffering from work-related stress and he sought an exit deal where he would resign and be paid out some of his sick leave.

Resene decided that without an explanation it would dismiss him.

"The amount of unsatisfactory work on colour matching was very high and gave Resene, as a fair and reasonable employer, grounds for dismissing Mr Woodhead," Mr Wood said.

Mr Woodhead could have attended the investigation into his performance as he was able to do gardening and socialise in the tavern twice a week, he said.

He later started working at the tavern.

"In evidence Mr Woodhead accepted that he went to the tavern on Thursday and Friday afternoons for what he described as part of his rehabilitation."

The ERA did not accept that he was sacked to avoid paying him sick leave or redundancy.

- NZPA