| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 134/06 |
| Hearing date | 25 Jul 2006 |
| Determination date | 05 September 2006 |
| Member | H Doyle |
| Representation | J Davies ; M Harris |
| Location | Christchurch |
| Parties | McKenzie v Hawksbury Community Living Trust Inc |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Serious misconduct - Summary dismissal - Dismissed for habitual lateness and failure to report lateness as required by previous warning - Earlier verbal warning for sleeping during shift justified - Authority did not accept applicant given ultimatum to drop mediation about verbal warning or be dismissed - Written warning for failure to record lateness on timesheet justified - Warned falsifying timesheet serious and could lead to dismissal - Lateness was less serious allegation and warning about possibility of dismissal not repeated - Dismissed when late twice more and failed to notify manager - Authority not satisfied sufficient focus by respondent on applicant's lateness and probably too much emphasis on previous disciplinary action for other issues - Fair and reasonable employer would not have concluded three incidences of unacceptable lateness constituted habitual lateness and serious misconduct - Failure to notify manager did not on its own amount to serious misconduct justifying dismissal - Dismissal unjustified - No unjustified actions that required separate remedy - Remedies - No policy about disciplinary action respondent could impose - Fair and reasonable employer would have given warning in terms of lateness and failure to notify manger - Contributory conduct 30% - Length of service six years - Caregiver |
| Result | Application dismissed (Unjustified disadvantage) ; Application granted (Unjustified dismissal) ; Reimbursement of lost wages (3 months less earnings)(reduced by 30%) ; Compensation for humiliation etc ($5,000 reduced to $3,500) ; Costs reserved |
| Statutes | ERA s103A |
| Number of Pages | 7 |
| PDF File Link: | ca 134_06.pdf [pdf 41 KB] |