| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2016] NZERA Wellington 43 |
| Hearing date | 21-Jan-16 |
| Determination date | 11 April 2016 |
| Member | Trish MacKinnon |
| Representation | S Dodunski ; A Laurenson |
| Location | New Plymouth |
| Parties | Taylor v Tennent Hotels Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Sleeping on job – Hotel night porter |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicant sleeping on job, which impacted on safety and security of hotel and guests. Respondent’s director gave applicant warning without giving applicant advance notice of meeting or allowing applicant to explain. Director predetermined that applicant had fallen asleep before speaking with her. Investigation did not talk to other employees and failed to explore applicant’s explanations. Respondent unfairly made decision to dismiss applicant without asking for explanation about conduct. Dismissal unjustified. REMEDIES: 40 per cent contributory conduct. Respondent to pay applicant $2,488 reimbursement of lost wages. $3,000 compensation appropriate. |
| Result | Application granted ; Contributory conduct (40%) ; Reimbursement of lost wages ($2,488.20) ; Compensation for humiliation etc ($3,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s124;ERA s128;ERA s174E |
| Number of Pages | 9 |
| PDF File Link: | 2016_NZERA_Wellington_43.pdf [pdf 170 KB] |