Unfair dismissal of epileptic employee

Packaging firm Amcor Flexibles has been ordered to pay $20,000 to a former employee of 20 years who was dismissed after potential problems arose from his epilepsy.

Senior printer Kelly Gillan had a seizure at the Carmen Rd, Christchurch, factory in June 2015 and was restricted to day shifts on medical advice.

In October 2015, he felt unwell again, prompting further medical reports. Amcor sent him a letter advising him that if he was unable to return to full duties his employment might be terminated.

He was told in March 2016 that his employment was terminated on the grounds of medical incapacity and he was paid two weeks’ notice in lieu.

Gillan claimed unjustified dismissal and sought $43,300 in lost wages and interest.

Helen Doyle from the Employment Relations Authority (ERA) accepted evidence about the possibility of accidents.

After the first incident a doctor assessed Gillan’s risk of accident as low, although she said the potential consequences could be catastrophic.

A management plan was set up and Gillan was never to be left alone working around the machines or climb stairs.

The second incident was identified by a neurosurgeon as a partial seizure.

Amcor managers became concerned about Gillan’s straightforwardness about his condition and he was stood down briefly on full pay before returning to light duties.

A further report from another neurosurgeon said the second incident may have been the result of changing medication, but Gillan had experienced occasional partial seizures.

The neurosurgeon said Gillan had sufficient warning of seizures to remove himself from danger.

Another neurosurgeon said Gillan could return to full duties and noted he was due for surgery to correct the condition, which happened in October 2016.

However, Amcor sent him a termination letter in March 2016 on the grounds of health and safety.

The ERA concluded Amcor should have made further inquiries and there had been insufficient discussion with Gillan.

The ERA was also concerned one of the doctors may have been influenced in her reports by Amcor managers.

The ERA also heard about the significant effect on Gillan and his family’s finances, relationships and mental distress. Gillan later found another printing job, although at a lower pay rate.