| Summary |
UNJUSTIFIED DISMISSAL – Serious misconduct - Respondent received complaint from guest about applicant’s response to guest’s urgent medical crisis – Applicant suspended on full pay without notice or opportunity for comment or input – Respondent provided letter of allegations, copy of complaint and opportunity to obtain support person – After two disciplinary meetings, applicant dismissed – Dismissal letter stated applicant failed to provide proper assistance to guest in potential life-threatening situation, constituting serious misconduct, and previous misconduct considered – Authority noted suspension not unjustified disadvantage as on full pay and chose not to raise matter during investigation – Authority found respondent could have relied on at least two misconduct provisions under house rules, but no reference to house rules at time – Found respondent instead concluded had no confidence in applicant’s ability to continue employment – Found open to fair and reasonable employer to consider single incident constituted serious misconduct, as was significant, and list of matters for serious misconduct under house rules not inclusive – Applicant claimed not informed of possible outcome of disciplinary meetings – Respondent argued assumed applicant would have known seriousness of situation and employment in jeopardy – Authority found applicant would have known that employment in jeopardy given suspension, respondent’s offer of representative, and seriousness of matter as conveyed by respondent – Applicant claimed not given opportunity to provide input to conclusions set out in dismissal letter - Authority found disciplinary procedure set out in employment agreement and house rules – Found respondent breached procedure in house rules by failing to inform applicant of findings when investigation completed – Found omission fatal in circumstances because applicant should have been properly given opportunity to comment on reasoning, particularly regarding allegation that other staff lost confidence in applicant’s abilities and regarding including matters previously disposed of – Dismissal unjustified - REMEDIES – Authority found applicant’s failures during incident amounted to 100 percent contributory conduct – Found although applicant not directly told of respondent’s tentative decision, should have known dismissal a possibility – Found although procedure deficient, no award for remedies because applicant’s actions and omissions constituted 100 percent of contribution due to serious misconduct - Bar duty manager, function manager |