THURSDAY , 22 AUGUST 2002

By KELLY ANDREW
James Ross has won $10,000 compensation and his job back after pursuing a claim he was sacked by the Waimakariri District Council because of his dyslexia.

The Christchurch employment relations authority has found Mr Ross was unfairly dismissed from his position as an asset engineer at the council's Rangiora service centre in May this year.

Authority member Neville Taylor said Mr Ross' supervisor at the council, Andrew Robinson, seemed to have "less than an open mind" about him, and treated him insensitively when he suspected he was dyslexic.

He had "bullied and humiliated" Mr Ross into tearfully admitting he had the learning disability by making him read reports out loud and rewrite them five or six times.

"It may be through his own research into dyslexia Mr Robinson formed some inexpert and limited view as to what the applicant was capable of," Mr Taylor said.

The married father of three children was summarily dismissed on May 16 for what the council called "serious misconduct". He was employed in October, 2000. The grounds for dismissal were that he had falsely claimed he held a NZ Certificate of Engineering (NZCE) qualification prior to his employment, and failed to disclose in his application that he was dyslexic.

But the employment relations authority said Mr Ross completed all the requirements for the NZCE, but did not have a copy of the certificate because of administrative problems. The certificate, backdated to 1996, was eventually obtained after some delay.

Mr Ross did not disclose he had dyslexia when he was asked about conditions which could affect his job because he did not think dyslexia was a health issue.

Mr Ross said his dismissal was traumatic and having to face up to his disability under such circumstances was one of the toughest things he had done.

"I felt that my achievements meant nothing to them and that they believed I was a liar and a deceiver."

Fighting back was difficult but ultimately empowering.

After he lost his job, he and his wife used their superannuation and savings to live on and meet legal costs, knowing that it was a risk. "We thought if the worst comes to the worst we'll lose everything, but it's worth it ? it means that much."

He believes many people associate dyslexia with unintelligence, and this may have been an idea in the minds of his employer.

Before his dismissal the council offered him an alternative lower skilled job as a customer services officer which he felt affronted by.

"As a trained engineer who has managed other people, to be told you can answer the phones, that was hurtful."

He said the council should have seen his dyslexia as an opportunity.

"Thinking outside of the square is what managers are paid a lot of money to try and do. I'm adaptable and creative and innovative. Why didn't they think, someone who can achieve all this with these limitations ... what are the possibilities?"

He hopes the decision will set a precedent for other people with dyslexia.

Since his return to work he has found his workmates generally supportive and encouraging, and he has established a good relationship with a new manager.

Mr Ross was also awarded $3769 compensation for lost wages, but the question of costs was reserved.