Lyttelton Port Company challenge decision to give port worker his job back

Thursday, 4 May 2017

Chris Arthurs was diagnosed with post-traumatic stress disorder after two of his colleagues died, one before his eyes.

A port worker who won a year long battle to return to his job remains locked in battle with his employers, despite not having stepped foot back on site.

Chris Arthurs, 44, was 'bitterly disappointed' when the Lyttelton Port Company (LPC) appealed an Employment Relations Authority (ERA) decision to reinstate him as a cargo handler.

Lyttelton Port Company chief executive Peter Davie says there are fundamental errors in the ERA ruling.

'He was looking forward to this nightmare ending,' Arthurs' lawyer, David Beck, said.

Arthurs took more than a year of medical leave after his close friend and workmate, Bradley Fletcher, died at the Christchurch port in August 2014. A scissor crane toppled, killing Fletcher, a 40-year-old volunteer fireman and father of three.

Chris Arthurs' lawyer, David Beck, pictured, says he is dismayed the Lyttelton Port Company has not recognised the potential the appeal has to cause his client further harm.

* Lyttelton Port plead guilty following death of worker Brad Fletcher

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* Why are port workers still dying?**

The death caused a 'major exacerbation' of Arthurs' post-traumatic stress disorder (PTSD) and led to months of back and forth between Arthurs' family and LPC, which terminated his job in December 2015.

The fourth generation port worker turned to the ERA, which said in a decision last month that the port must reinstate Arthurs. He was awarded $20,000 in compensation for 'the loss not only of his work, but his dignity'.

LPC immediately lodged an appeal with the Employment Court, which Beck said had 'caused [Arthurs] to suffer more stress'.

'He's back on the payroll and earning a basic wage, but he wants to return to work.' His compensation remained in a trust account.

Beck said he was 'dismayed that LPC has not recognised the potential to cause his client further harm by dragging out this matter . . . and not allowing him to rebuild his life with a semblance of dignity'.

Arthurs was required to present medical certificates from a physiotherapist and the doctor treating his PTSD, and present twice for random drug and alcohol tests.

He was cleared to return to work, but LPC chief executive Peter Davie said he believed there were 'fundamental legal errors' in the ERA decision.

'LPC will not be making any further comment until after the Employment Court hearing,' Davie said.