KEY POINTS:
A top ice hockey player has been awarded more than $17,000 from his former employer after the Employment Relations Authority ruled he was unjustifiably fired.
Vincent Mitalas was working as a hammer hand in Kaikoura for Christchurch company Eustruct Limited in 2006 when a back injury sparked a
deteriorating relationship between him and the company.
The authority's decision on Mr Mitalas' complaint said he developed back pain on July 18, informing his supervisor but not filling out an injury report.
On July 30 he saw a doctor and filled out an ACC form, mistakenly putting "June 18" as the injury date and signing it "June 30" instead of July 30.
After being told about Mr Mitalas' problem, company director Jaroslav Falcnik advised him there would be no more work available for two or three months, an issue that went against the 40-hour a week work agreement.
On seeing the ACC form Mr Falcnik also showed concern about the injury being listed as work-related and a deteriorating relationship between the two ended in Mr Mitalas being advised of his dismissal in a phone conversation on August 7.
Mr Falcnik said he had asked Mr Mitalas to attend a meeting with company heads to discuss the issue, but Mr Mitalas denied that had happened.
Mr Mitalas later went to Mr Falcnik's home and picked up a letter listing dishonesty, threatening behaviour to a co-worker, submitting a false ACC form and a lack of work for someone with a back injury as reasons for the dismissal.
The authority's report outlined Mr Mitalas' adverse reaction to the dismissal, saying he was stressed, humiliated and socially withdrawn as a result.
He had even driven to Queenstown for the ice hockey season rather than playing at his local rink, and his coach was concerned the issue might effect his ability to gain a place in the national team.
The authority's ruling said Mr Mitalas had made a simple error by putting the wrong dates on the ACC form and considering there was accompanying documentation from his doctor, the mistake should have easily been picked up by his employer.
It ruled the dismissal was unjust and ordered Eustruct to pay $5857 in lost wages - with interest.
It added another $10,000 compensation for "humiliation, loss of dignity and injury to feelings".
Counsel for Mr Mitalas had claimed $20,000 for that category, while counsel for Eustruct had said it should be no more than $10,000.
Mr Mitalas was awarded another $720 plus interest for outstanding wages for his first week on ACC and $340 relating to traffic fines copped by him while he drove an unwarranted company vehicle.
- NZPA
