Court backs sacking of epileptic worker

A packaging company was within its rights to dismiss a tradesman with epilepsy, the Employment Court has decided.

The decision overturned a previous Employment Relations Authority ruling in favour of the worker.

After eight months of discussions and seven medical reports, Amcor Flexibilities (New Zealand) fired Kelly Gillan, an experienced tradesman printer at their Christchurch factory.

Gillan suffered from epilepsy and seizures at work, and concerns were raised over safety during his 12-hour shifts after an incident on June 18, 2015.

Over the next eight months, Amcor and Gillan attempted to find a workable solution to the situation, including medical assessments and adjusted hours.

But the company said they were unable to develop a longterm solution after further medical episodes.

After Gillian was let go in March 2016, he lodged a personal grievance with the authority.

In November last year, the authority decided in Gillan’s favour and ordered the company to pay $20,000.

However, Amcor challenged that decision and the Employment Court has now sided with the global packaging company.

Judge Kerry Smith said Gillan’s medical condition added an unfortunate complexity to Amcor’s safety sensitive workplace.

‘‘Amcor’s actions, and how it acted, were what a fair and reasonable employer could have done in the circumstances at the time the dismissal occurred,’’ the judge wrote in his decision.

The medical information available could not outline a timeframe for a safe return to work.

Gillan’s lawyer had argued that the company had not sufficiently considered alternatives, including moving the tradesman to a different printer or reducing working hours.

Gillan had since found work elsewhere, the court was told.