| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 121/09 |
| Hearing date | 5 May 2009 |
| Determination date | 04 August 2009 |
| Member | P Cheyne |
| Representation | T Oldfield ; M Hodges |
| Location | Christchurch |
| Parties | Zhang v Scenic Circle Hotels Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed unjustifiably dismissed following investigation into applicant’s changing of leave rosters – Applicant applied for leave, however, manager (“B”) said unable to confirm leave as other employees already had leave approved – Authority found no proper reason for respondent’s extraordinary delay in responding to leave request – B told applicant would reconsider leave request – Subsequently B went on leave and no answer given to applicant – Applicant changed roster giving leave – Applicant called to disciplinary meeting but never told dismissal could be outcome – Applicant accepted wrong to change roster without authorisation and written warning possible – Applicant summarily dismissed – Authority found applicant’s entitlement to time off would have been considered by fair and reasonable employer – Found applicant entitled to but did not receive definitive answer to leave request in timely manner – Found respondent bound by collective employment agreement (“CEA”) to apply dismissal checklist as part of decision making – Respondent conceded did not apply checklist – Found respondent failed to consider all factors in CEA, including consideration of dismissal as last resort – Found fair and reasonable employer applying CEA would not have dismissed applicant – Dismissal unjustified – Remedies – Authority found in circumstances parties contributed roughly in equivalent way to grievance – Found 50 percent contributory conduct – Found applicant shocked by dismissal – Applicant sole income earner for family – Found $5,000 compensation reduced from $10,000 appropriate – Respondent ordered to pay applicant 3 months reimbursement of lost wages – Night auditor |
| Result | Application granted ; Compensation for humiliation etc ($10,000 reduced to $5,000) ; Reimbursement of lost wages (3 months) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | Holidays Act 2003 s57(2) |
| Number of Pages | 10 |
| PDF File Link: | ca 121_09.pdf [pdf 30 KB] |