A Rotorua mechanic wrongly sacked for taking sick leave will get more than $21,000 in costs and lost wages paid to him by his former boss.

The payments are on top of $15,000 which the Employment Relations Authority ruled
Sue Johnstone, of Grant Johnstone Nissan Suzuki in Rotorua, must pay David Bangs.

Mr Bangs was unjustifiably dismissed by Johnstone in August last year because she deemed he was taking too much sick leave for himself and to care for his sick family, the Employment Relations Authority earlier ruled.

The authority has just released a follow up determination awarding legal costs and filing fee reimbursement of $6321.56 and lost wages of $15,069 to Mr Bangs, totalling $21,390.56.


The authority ruled in April Mrs Johnstone was to pay Mr Bangs $15,000 for humiliation, loss of dignity and hurt feelings after being forced to resign - which the authority ruled was unjustifiable dismissal.

Mr Bangs, who was employed in September 2015, told the authority Mrs Johnstone told him he had to resign or agree not to take any more time off work.

He had taken 30 days' sick leave or domestic leave out of a total of 230 work days. The leave was to care for his wife, who suffered a medical condition, and his three children aged under 7. He also had sick leave for himself, including one time when he was in the intensive care unit at hospital.

Authority member Rachel Larmer ruled Mr Bangs took sick leave to look after his family in circumstances where no one else was available to care for them.

It was ruled Mr Bangs informed his employer on each occasion, was open about it and shared medical information.