| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 134/07 |
| Hearing date | 7 Feb 2007 |
| Determination date | 02 May 2007 |
| Member | D King |
| Representation | P Wicks ; K Thompson |
| Location | Auckland |
| Parties | Southcombe v Freedom Air Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Summary dismissal - Applicant dismissed for going on overseas trip while on sick leave - Had booked and paid for holiday before granted annual leave - Did not have adequate accrued annual leave to cover whole holiday - Applicant went on sick leave and provided medical certificates - Applicant's doctor encouraged him to go on holiday - Respondent alleged applicant not using sick leave for purpose it had been granted prior to his going overseas, and asked for clarification - When returned from holiday, disciplinary meeting held - Applicant admitted going overseas and that used unpaid sick leave in order to take it, and actions wrong - Dismissed following day - Applicant obliged to use sick leave honestly and properly - Given real opportunity to refute allegation and explain conduct - Sick leave not available to take overseas holidays - Purpose of sick leave fundamental in present case - Not possible to have absolute rules about appropriate sick leave activities - Authority commented activities undertaken on sick leave must be conducive to enabling recovery and return to work, and should not militate against recovery - Not granted unpaid leave for purposes of taking annual leave - Conduct of such gravity that respondent entitled to say had lost trust and confidence in applicant - Applicant knew actions wrong - Actions constituted misuse of sick leave - Fair and reasonable employer would have dismissed - Dismissal justified - Flight attendant |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | Holidays Act 2003 |
| Cases Cited | BP Oil NZ Ltd v Northern Distribution Union [1992] 3 ERNZ 483;Griffith v Sunbeam Corporation Ltd unreported, Couch J, 28 July 2006, WC 13/06 |
| Number of Pages | 5 |
| PDF File Link: | aa 134_07.pdf [pdf 33 KB] |