Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 58/03
Hearing date 25 Mar 2003 - 5 May 2003 (2 days)
Determination date 21 May 2003
Member H Doyle
Representation PC Butler ; D Hailes
Location Christchurch
Parties Pehi v Alliance Group Ltd
Summary UNJUSTIFIED DISMISSAL - Absenteeism - Previous final warning for hygiene concerns - Failure to attend work due to sudden death of younger relative - Attempted to phone respondent to inform of absence - Dialled wrong number - upon return to work immediately gave explanation to co-worker - Requested following day to immediately attend meeting - Informed of dismissal at conclusion of meeting - Further meeting to consider evidence and reconsider dismissal unsuccessful - Respondent failed to follow own disciplinary procedures - No advance warning of meeting or its content - Denied choice of own representative - Failure to adequately consider explanation - Dismissal unjustified - Remedies - Seasonal employee - Current season almost complete - No obligation to re-engage applicant for following season - Reinstatement inappropriate - Meat worker
Result Application granted ; Reimbursement of lost wages ($29,801.44) ; Compensation for humiliation etc ($8,000) ; Costs reserved
Number of Pages 9
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