21 Aug 2009

Health board loses sick leave case

12:55 pm on 21 August 2009

The Employment Relations Authority has ruled that a woman whose sick leave was capped by Bay of Plenty District Health Board after a long period of illness does have a personal grievance against her former employer.

The woman, referred to as 'Ms X' as her name is suppressed, took 222.25 days sick leave in 14 months.

She said her illness arose from work-related stress, but the Bay of Plenty District Health Board denied that and decided to cap her sick leave for six months.

At an ERA hearing, the board outlined the process it took, while Ms X argued the cap was unjustified and caused her disadvantage in her employment.

In a decision released on Friday the authority has found the board's process was flawed. It ordered the board to pay Ms X sick leave from the date payments ceased until her employment ended and give her $12,000 for hurt and humiliation.