| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 89/08 |
| Hearing date | 6 May 2008 |
| Determination date | 27 June 2008 |
| Member | P R Stapp |
| Representation | G O'Sullivan ; N Flint ; T Cleary |
| Location | Wellington |
| Parties | Winnie v Fairfax Ltd t/a The Dominion Post |
| Summary | UNJUSTIFIED DISMISSAL - Misconduct - Applicant given first warning requiring medical certificate for all future absences and contact with supervisor upon return as respondent concerned about use of leave - Failed to follow directions and given final warning containing further conditions - Parties met after applicant raised personal grievance in relation to final warning - Reasonable for respondent to conclude grievance resolved - Applicant absent to look after injured partner - Believed did not have to follow directions as not sick himself - Dismissed on notice for failure to follow directions - Fair and reasonable employer would not have related previous absences to absence due to partner’s injury or escalated incident to serious misconduct - Respondent had insufficient reason for concluding applicant’s alleged breach was without reasonable excuse and that he would not improve - Applicant had genuine explanation - Never put on notice regarding confidence issue - Respondent influenced by what it considered as excessive leave and genuineness of reasons for taking such leave when reasons never found wanting - Dismissal unjustified - Remedies - Applicant sought reinstatement - Reasonable to expect him to have reported to supervisor given past issues - Could have been more active in providing details of partner’s injury - Not unreasonable to read requirement to provide medical certificate as applying to all situations - Warning had not expired - No evidence to support respondent’s assertion return would disrupt workplace - However, failure to report upon return or provide details of absence meant reinstatement not practicable - Contributory conduct one third - Press assistant |
| Result | Application granted ; Reimbursement of lost wages ($7,156.80 reduced to $4,771.20) ; Compensation for humiliation etc ($12,000 reduced to $8,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 20 |
| PDF File Link: | wa 89_08.pdf [pdf 87 KB] |