Cancer survivor awarded compensation after job dispute

A business development manager with cancer who was made redundant when he lived longer than his employers expected has been awarded $12,000 in compensation.

Len Clapham was chief executive at the Building Officials Institute of NZ when he resigned to take up a role created for him at building survey company Alexander & Co in July 2010.

The job had a fixed list of tasks, but no end date.

Mr Clapham was suspended in May 2011, with the business citing his health status and performance concerns as reasons. He was dismissed the following day.

Mr Clapham took his case to the Employment Relations Authority (ERA) arguing the dismissal was a "sham redundancy" and the real reason was that he had survived longer than Alexander & Co had anticipated.

Alexander & Co denied that and said Mr Clapham had completed the tasks he was employed to do.

However in evidence it said it did not anticipate having to bring the employment relationship to an end because "it thought that it would end naturally by the death of the incumbent".

ERA member James Crichton said he had no hesitation in concluding it was not a genuine redundancy.

"The evidence for Alexander & Co was essentially that its expectation was that Mr Clapham would perish before there was any question of redundancy being necessary."

Mr Crichton said the redundancy was an afterthought and ordered Alexander & Co to pay Mr Clapham $12,000 in compensation and 14 weeks' salary.

Alexander & Co said it had no comment.

Photo: NZ Herald