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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22981
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Hallow, I have worked Company now Years I have a good record

Customer Question

Hallow, I have worked for a Company now for 6 Years I have a good record as I had only 2 sick days in 6 Years. Early June I had a Motor Vehicle Accident with work which caused a Broken ankle and shoulder injury's, and I got clearance from Hospital and from my doctor that I am cleared, that I can go back to work on the 5th of October, this was then handed in to my work. As at the present 16th of October work has still not asked me to come back, I am employed as a AVO-Armoured Vehicle Operator-. I have rang work three times what is happening about me returning to work, replay was we are still looking at this accident and for me to have patience. I have been in touch with work today 16th of October and asked them will I get my normal weekly wages while I am waiting for them to ask me to come back. We have a mortgage on our Home that needs to be paid. I can not just walk in to work as we are all on a rooster a week ahead and have to go thru security. I am most grateful for your help Joe
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

Are you still getting ACC? If not then you could apply for a WINZ benefit to cover some of the gap.but if you are clear for work, they must either take you back, or you will have a claim for unfair dismissal. If they wanted to discipline you about the accident they must do so, and not keep you waiting. Your next step will have to be to ask if they are going to keep you on, or if they intend firing you, that you will claim a personal grievance for unfair dismissal.

Customer: replied 1 year ago.
Hi Chris,
As above Chris I had the Vehicle accident 3-06-15. I have just found out from seeing a Neurologist that because I can not remember anything about the accident that I am not to drive at all for one Year, no one told me that before. so do you know whether ACC will pay me until 3-06-16, us I am not to drive at all, and I can not work as I can not drive to work. So 5 month have already past and 7 month to the time that I can drive again.
Kindest regards Joe
Expert:  Chris The Lawyer replied 1 year ago.

You need to take the report to ACC and explain what has happened and that you cannot drive, and ask for the ACC to continue, as you cannot work. Otherwise you will need to apply for a benefit through WINZ