Carrington Resort in Northland has been ordered to pay $21k to a former employee after unjustifiably dismissing her. Photo / Supplied
Carrington Resort in Northland has been ordered to pay $21k to a former employee after unjustifiably dismissing her. Photo / Supplied
A sacked and trespassed resort worker who admitted taking food but denied allegations of drug use has been awarded $21,000 for unfair dismissal.
However the luxury resort’s chief executive claims the decision in the Employment Relations Authority (ERA) is unjust and he says he is appealing it.
Toni Maheno was employed by Carrington Resort (also known as Carrington Estate) in Northland, originally as a housekeeper, and later managing the estate’s restaurant.
On August 18, 2020, she was called into a disciplinary meeting by her employer, William Tan, chief executive of the parent company that owns the resort.
The authority found Maheno was never told it was a disciplinary meeting, according to the decision released this week.
At the meeting, Tan raised concerns about irregularities with till records, but no notes were taken. Maheno was never given a written list of the allegations levelled against her.
Also at that meeting Maheno admitted taking $187 worth of food. She was suspended pending investigation.
Another meeting was held two days later where further allegations were levelled against her. She was never provided written notice of the allegations, and denied them all, the decision said.
She was then asked to take a drug test, which she refused.
Witnesses in the meeting told the authority Maheno become distressed and asked for further information.
She was then dismissed and trespassed from the resort.
The meeting ended with Maheno crying, while both Tan and Maheno would later accuse each other of yelling during the conversation.
Maheno’s dismissal letter listed allegations including deleting transactions from the till that were unpaid, offering unauthorised discounts, discounting items she was buying and being late to work. It also alleged she was impaired by drugs while at work.
In a written “announcement” to staff the day after the meeting, Tan told employees Maheno was dismissed for theft, implied she was a drug user, told staff that police were investigating and instructed anyone who saw her on the property to report it to their supervisor and police.
In her complaint to the ERA alleging unjustified dismissal, Maheno strongly denied any drug use, saying the first she had heard of it was at the second disciplinary meeting.
No performance concerns had ever been raised in her three years at the business, she said.
Carrington Resort, also known as Carrington Estate on the Karikari Peninsula in Northland. Photo / NZME
Employee made example of
Maheno told the authority she was “scapegoated” by Tan and used as an example “to frighten other staff by the public humiliation” she was subjected to.
Tan admitted he had deliberately made an example out of Maheno, but he believed that was justified.
Once Maheno’s complaint was received, the authority ordered Tan to preserve all copies of relevant CCTV footage, witness statements, allegation letters and any other documentation the dismissal relied on. This evidence was never provided to the authority.
Tan also failed to respond to the authority’s multiple attempts to contact him. His submissions were filed three working days before the substantive hearing.
In considering the complaint, the authority found that multiple allegations levelled by Tan were untrue.
There was no evidence he had referred the allegations to police, despite him telling other staff he had.
Maheno’s dismissal letter stated she admitted to stealing two meals from the restaurant - but the authority found there was no evidence Maheno admitted to that.
The dismissal letter also stated she broke glasses “on a daily basis” - but she only ever admitted to dropping a glass tray twice. The authority deemed that allegation from Tan “hyperbolic”.
The authority also raised concerns about witness statements written by two other employees, which Tan admitted drafting himself. The authority criticised Tan’s evidence.
“Mr Tan was someone who rigidly held to his stated position, regardless of evidence to the contrary. That approach undermined his credibility.”
That evidence included comments from witnesses that staff were provided free meals, despite Tan denying it. He maintained Maheno was provided with all allegations against her, despite evidence to the contrary.
“[Tan’s] submissions included an obviously untrue account of what Ms Maheno had said during her oral evidence.”
The authority also criticised Tan after he “inappropriately maligned Ms Maheno’s advocates”.
“Mr Tan claimed the investigation meeting was biased. This was another example of Mr Tan’s subjective beliefs not reflecting reality.”
The authority concluded that the process for dismissing Maheno was procedurally unfair, allegations levelled against her were not adequately investigated and she was not given a reasonable opportunity to respond.
While her admission of theft would ordinarily be grounds for dismissal, other allegations levelled were not proven.
She later repaid the cost of the food in full, continuing to deny further allegations of theft levelled against her by Tan.
The authority found the dismissal was justified, but “the way [the company] went about addressing its disciplinary concerns and the manner in which it dismissed her was wrong, fundamentally unfair and contrary to its good faith obligations.”
Maheno was not entitled to a claim of lost income due to the dismissal being justified, but was entitled to emotional reparation after the announcement to staff - a “serious breach” of Maheno’s privacy, the authority found.
Carrington Resort was ordered to pay $30,000 in compensation for unjustified disadvantage, reduced to $21,000 after a 30 per cent reduction to recognise Maheno’s misconduct.
