| Summary |
UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant’s mother suffered stroke - Applicant’s sister advised could not look after applicant’s children for next two days as visiting their mother - Applicant applied for leave afternoon before required - Applicant’s supervisor unhappy with application but did not expressly decline it - Applicant took leave - Applicant’s supervisor claimed applicant became angry and aggressive when discovered not paid for leave - Applicant suspended on full pay - Applicant dismissed following disciplinary meeting and inquiry into applicant’s failure to give reasonable time to consider leave request, absence from work, and failure to give adequate notice to supervisor regarding requests to alter start and finish times - Authority found no contractual right to suspend - Found applicant’s behaviour not severe enough to warrant removal from workplace - Applicant’s removal from workplace not justifiable - Unjustified disadvantage - Found applicant’s leave request not declined - Found applicant not advised of respondent’s issues with her credibility - Found unfair to deny applicant opportunity to respond - Found respondent wrong to find serious misconduct - Found conclusion trust and confidence destroyed not justifiable - Respondent’s actions not those of fair and reasonable employer - Dismissal unjustified - Remedies - Found applicant failed to be active and communicative with respondent by non disclosure of reason for leave - 25 percent contributory conduct found - Found applicant failed to mitigate loss - No reimbursement of lost wages awarded - Having regard to applicant’s evidence, length of service, and nature of grievances global compensation of $4,500, after contribution, appropriate - Applicant sought reinstatement - Respondent opposed reinstatement - Authority found reinstatement practicable - Reinstatement ordered - Packer |