| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 13/02 |
| Determination date | 25 January 2002 |
| Member | S Bathgate |
| Representation | M Bullock ; A Walker |
| Location | Wellington |
| Parties | Burberry v Good Health Wanganui |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Annual leave application rejected on basis that applicant had recently returned from conference leave - Declined to reconsider rejection - Failed to turn up to work on days that had been requested as leave - Required to attend disciplinary meeting and advised of possible outcome - Dismissed for refusal to carry out lawful instruction and being absent from workplace without good cause - Decision to refuse leave not reasonable - Applicant's conduct properly categorised as serious misconduct - Did not consider mitigating circumstances when determining disciplinary action - Did not establish good substantive reasons for decision to dismiss - Did not consider cultural issues in disciplinary process - Dismissal unjustified - Contributory conduct 50 percent - Maori mental health worker |
| Result | Application granted ; Reimbursement of lost wages (13 weeks reduced to 6.5 weeks) ; Compensation for humiliation etc ($4,500 reduced to $2,250) ; Costs reserved |
| Number of Pages | 3 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |