An electrical apprenticeship company has been ordered to pay a former apprentice who suffered from back pain close to NZD 30,000 (USD 19,488) over a dispute that started with the employee’s request for a comfortable chair.

A determination was made by the Employment Relations Authority on 18 January against Electrical Trading Company Limited (ETCO) which was ordered to pay Brendan Libeau NZD 29,410 (USD 19,104) in compensation and back pay for the harm he suffered as a result of his grievance with the company. Libeau started his apprenticeship in June 2018 and later resigned in March 2020.

Libeau’s complaint centred on a request for a comfortable chair after he said he was suffering from scoliosis, which was aggravated by sitting for 6 to 7 hours a day.

According to a text sent to his supervisor, Libeau said he saw his doctor for his back and said he would ‘need to have a decent chair or I cannot sit there all day’ adding that he has scoliosis ‘which hurts on that chair for hours’.

Instead of accommodating his request, the company required Libeau to provide medical clearance and a statement from his doctor that he was fit for work.

The employee refused, pointing out that there was no contractual obligation for him to prove his suitability to work. When his supervisor and a senior manager failed to address his concerns, Libeau elevated his complaint to the CEO. Libeau was later suspended from work and was forced to submit medical documents. He eventually resigned because of the mishandling of his grievance.

In its determination, the Authority said ETCO breached its duty by suspending Libeau until he provided the medical documents. The Authority also determined that Libeau’s resignation amounted to dismissal because it was reasonably foreseeable that he might resign in response to the breach of duty.

“This was a simple request by an employee for a more appropriate chair because they had a sore back from sitting in the current one. This did not give ETCO the right to demand that a medical assessment be done on fitness for work in all areas of that employee’s health; there is not basis for requiring that assessment,” member Peter Van Keulen said in his determination.

The Employment Relations Authority awarded Libeau NZD 25,000 (USD 16,232) for ‘humiliation, loss of dignity, and injury to his feelings,’ and NZD 4,410 (USD 2,863) in lost earnings.