Worker wins $20k after boss’s sickie suspicions

An apprentice who was forced to resign after his boss suspected his sick leave has been awarded $20,000 in compensation and lost wages by the Employment Relations Authority.

Carlos Delgado Guevara was an electrical apprentice with Electrotec Engineering Limited in Whangapara¯ oa, north of Auckland, who was constructively dismissed last year when his boss told him he ‘‘didn’t give a s..t’’ about his medical certificate for having pneumonia.

On January 13, 2019, Guevara sent Electrotec Engineering director John van der Spuy the doctor’s certificate that said he was prescribed antibiotics for his pneumonia and was unfit to work for a week.

But two days later the boss asked Guevara to show up to work if he was ‘‘feeling up to it’’.

When Guevara returned from sick leave on January 21, Van der Spuy told him he had lost the ‘‘privilege’’ to use the work car while he had been on sick leave and because he had returned with a ‘‘lousy attitude’’.

Van der Spuy also said Guevara had ‘‘f .... d up’’ and that he ‘‘didn’t give a s..t’’ about the medical certificate.

The next day Guevara had a breakdown at work and called his wife in tears. He left work and went to the doctor.

Guevara told the authority the previous year Van der Spuy accused him of faking his sick leave to get a longer holiday when he had actually sprained his toe in a football game.

Guevara did not respond to calls from his boss but emailed another medical certificate that stated he was unfit to work for a week.

On January 23, before he had seen the medical certificate, Van der Spuy sent a text message dismissing him.

‘‘You are not responding to anyone [sic] calls. You have abandoned your job which means instant dismissal,’’ the text said.

After reading the medical certificate, Van der Spuy said Guevara should have verbally informed him that he was sick and repeated the earlier text message assuming the apprentice had abandoned his employment.

Guevara replied by email saying he was on stress leave as the incident on January 21 left him in a state of ‘‘increased anxiety’’.

He said he was humiliated by having his work vehicle taken away without any reason and that he had not abandoned his employment.

Following this, Van der Spuy contacted Guevara’s wife’s relative to ask if he could help resolve the situation.

Guevara became upset that his personal work matters were being discussed with his wife’s family.

Guevara resigned on February 26, 2019, citing the suspicion over his sick leave, breaching his privacy and his employment agreement and breaching his apprenticeship agreement.

The authority said Guevara was constructively dismissed as Electrotec Engineering’s actions led him to resign.

It also said Guevara was treated unfairly over his use of sick leave and the sudden withdrawal of the use of a work vehicle.

Guevara was awarded $6336 in lost wages and $14,000 for hurt and humiliation.