A storeman who was trespassed from his work by turning up every day for nearly a month, even though he was too injured to work, has been awarded compensation for wrongful dismissal.
Ran Chen began work at Onehunga's One Stop Pak Ltd (OSP) on February 26, last year, an Employment Relations Authority ruling said.
Two days later he hurt his back so badly he was unable to work.
A month later his doctor cleared Mr Chen for light duties but his manager Ben Ong sent him home saying there was no work available and to come back when he was back to full health.
OSP requested Mr Chen return to his doctor for a check but there was no evidence Mr Chen did this.
Rather, between March 13 and April 4 last year, Mr Chen returned to his workplace everyday to ask for work.
"It seems that Mr Chen's presence at the work place soon became of some concern to his employer as he appears to have become quite belligerent, to such a degree, that Mr Ong contacted the police and a trespass notice was served on [him]," the authority said.
On April 12, the company wrote to Mr Chen and told him his position would be kept open for another week but they needed a medical certificate from an independent doctor confirming he was fit for work.
Five days later, Mr Chen wrote back to the company that he was fit for work and while he was not obligated to provide a certificate, he would produce one when he was back at work.
The next day OSP wrote again requesting an independent certificate and the following day wrote to say he had been fired.
Authority member Kenneth Anderson said it was obvious Mr Chen was an "obstinate and difficult individual" to deal with.
"But notwithstanding the unfortunate behaviour of Mr Chen towards his employer, he eventually took the necessary steps; firstly to obtain a medical clearance certificate from his own doctor and then, he indicated his intentions to cooperate with OSP in regard to being examined by an independent medical practitioner."
The company should have taken the time to see Mr Chen's medical certificate before firing him, Mr Anderson said.
Mr Chen had asked to be reinstated in his position, but Mr Anderson said it was not practicable or reasonable to do so.
He awarded Mr Chen $3000 in compensation.