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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22179
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I have an employment personal grievance problem. I have been

Customer Question

I have an employment personal grievance problem. I have been employed by The Mad Butcher Store at Southgate, Takanini for 22 months. I returned back to them after being asked back by the owner operator Mr David Walsh. So I previously worked there from 2004-2006, I left because I was pregnant. Mr David Walsh has Terminated my employment because in his conclusion I am incapable of proper performances of my duties by reason of illness. He continues to write that in my current mental state I am unfit to perform my role, and as a result my employment is to be terminated as a result of your medical incapacity. I have been on suspended leave since 22 March 2016. I was given no notice of this happening, I simply turned up for work and was taken to a meeting In Mr Walsh office with the store manager Mr ***** ***** and the store supervisor Astryle Posimani as witness. I have all the letters that have been hand delivered to myself and The Mad Butcher Employment contract that I signed on 22 June 2014.
My family doctor Daya Singh from The Wood Street Doctors, Wood Street, Papakura has written to Mr David Walsh and she and he have her letter. Basically she states I am cleared for working there for the short term, however she states that for the long term employment Mr David Walsg will have to pay for a psychiatric assement. I need help with this personal grievance because basically I am being told I am mental.
Submitted: 6 months ago.
Category: New Zealand Law
Customer: replied 6 months ago.
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Expert:  Chris The Lawyer replied 6 months ago.
They cannot discriminate because of your pregnancy or your illness and cannot dismiss you without proper process. Your next step is to contact a mediator from the Labour Dept to have an employment mediation. This is a free service although you can get your own lawyer to help. So you should tell your employer this will be your next step as part of a personal grievance claim

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