KEY POINTS:
The Employment Relations Authority has ruled that the dismissal of a worker by a plant hire business was unjustified and has ordered the company to pay her $2000 compensation.
Lynette Doyle, a nursery worker, was dismissed by Auckland company Natural Tree Products Ltd on February 6 this year after complaints from clients and co-workers about her behaviour and work.
Her director Phillip Walker said she had displayed disruptive behaviour, had sworn at staff and clients and had caused damage to plants.
On October 8 last year, Mr Walker received a letter from another employee saying Ms Doyle had sworn at him and told him to "f*** off back to India".
Mr Walker also said Ms Doyle's paperwork was inadequate and although he believed she may be dyslexic, he did not raise this with her.
Mr Walker said he had given Ms Doyle several oral warnings before her dismissal, but the authority found that these had fallen short of being warnings.
Ms Doyle said on the day she was dismissed, Mr Walker had asked to speak with her in a shed, then sacked her on the spot.
She said he smelt of alcohol and yelled at her, and she was scared of him.
The authority found that Ms Doyle was not given an adequate opportunity to address complaints and issues surrounding her work and behaviour did not constitute serious misconduct .
The authority said Ms Doyle was entitled to compensation of $4000 which would be halved as Ms Doyle's behaviour had contributed to her personal grievance.
- NZPA
