| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 195/08 |
| Hearing date | 16 May 2008 |
| Determination date | 28 May 2008 |
| Member | M Urlich |
| Representation | J Coyle ; G Leathers, T Leathers |
| Location | Auckland |
| Parties | McKenna v Leathers Holdings Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Poor performance - Dismissal on medical grounds - Applicant absent on sick leave for several days in preceding months - Dismissed after advised respondent needed further sick leave - Respondent considered applicant had poor attitude to work and unreliable attendance impacting on business - Claimed applicant on final warning at time of dismissal - While respondent did raise concerns with applicant, more in nature of counselling than disciplinary warnings - In absence of fair process respondent unable to conclude it had reasonable grounds to believe absences for sick leave would continue or that applicant contributed to need to take sick leave - Dismissal unjustified - Remedies - Contributory conduct - Respondent unaware of personal matters that impacted on applicant’s ability to discharge duties - Applicant’s failure to raise issues with respondent contributed to personal grievance - Global approach to remedies - Sales assistant |
| Result | Application granted ; Compensation for humiliation etc ($2,500) ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 5 |
| PDF File Link: | aa 195_08.pdf [pdf 20 KB] |