| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 157/06 |
| Hearing date | 15 Nov 2006 |
| Determination date | 20 November 2006 |
| Member | P Cheyne |
| Representation | M Guest ; W Martin |
| Location | Christchurch |
| Parties | Collins v Kaans Catering Supplies Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Summary dismissal - Applicant dismissed for failure to advise not attending work - Respondent claimed applicant had history of not reporting for work and had received final warning for lateness - Applicant required to telephone before start time if unable to work - Applicant did not report for 5am start time or contact respondent - When new supervisor rang applicant was told he started at 6am - At 6am applicant rang receptionist and said would be absent as sick - Human resources manager rang and read letter to applicant raising concerns about failure to report and misleading supervisor over start time - Required attendance at disciplinary meeting - Next day applicant left message after start time saying would not be in - Obtained medical certificate saying unfit for work until next day - Authority did not accept anything said to cause applicant to think not at risk of dismissal - At disciplinary meeting applicant denied pretending start time was 6am and claimed had not rung earlier because would be no-one at work - Also said planned not to go to work so did not get up - Relevant circumstances included importance to respondent's business of staff starting on time - Applicant claimed should not have been dismissed because absent due to genuine illness - Would have been merit in point, except not what happened - Applicant preplanned not to go to work so did not get up on first day - At point knew likely would not be going to work should have rung respondent - Applicant knew obligation, he simply ignored it - Respondent concerned about failure to advise absence in timely manner, not reason for it - Dismissal justified - Length of service two years nine months |
| Result | Application dismissed ; Costs reserved |
| Number of Pages | 4 |
| PDF File Link: | ca 157_06.pdf [pdf 29 KB] |