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Home / New Zealand

First soccer then the boot

By Louisa Cleave
31 Aug, 2007 05:00 PM3 mins to read

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KEY POINTS:

Is sport more important than work?

The Rugby World Cup may bring the question into greater focus for bleary-eyed workers in the coming weeks.

For one Christchurch man, the decision to pick sport over work cost him his job.

Engineer fitter Phil Ashton was refused five weeks' annual
leave to attend last year's Soccer World Cup in Germany - but went anyway.

The die-hard fan was sacked upon his return to work.

Mr Ashton, 47, claimed he was unjustifiably dismissed but his challenge to the Employment Relations Authority was rejected in a decision released yesterday.

Authority member Robin Arthur found Mr Ashton's decision to go ahead with his European trip "in defiance" of the leave refusal amounted to serious misconduct.

Mr Ashton yesterday told the Weekend Herald he was disappointed by the authority's ruling "but I still enjoyed the trip".

He and his wife bought out another couple's place in a syndicate travelling to the Cup for $6320 in July 2004, and paid a further $40 a week towards the cost of the trip.

Mr Ashton said he spoke to his manager about taking leave before joining the syndicate and was told "I can't see that being a problem".

Manager Dave Packer gave evidence that no specific plans or financial commitments were mentioned when they spoke.

The company turned down Mr Ashton's application just before Christmas 2005, saying they were expecting new equipment from overseas and would need him to help with installation.

The company offered 15 days' leave but the authority found Mr Ashton "never gave any real consideration to ... adjusting his travel plans".

Mr Ashton sent an email on May 21 to his site manager saying he was taking the five weeks' holiday from May 29. He was cautioned with disciplinary action if he took the leave.

On his return to work on July 5, Mr Ashton was called into a disciplinary meeting and dismissed 20 days later.

The authority found Mr Ashton's decision to take the leave was "a wilful and deliberate act of disobedience".

Mr Ashton, who had supported Australia, said: "I think there's plenty of other fair and reasonable employers would have seen it for what it was and allowed me to go."

Asked if he had any regrets, Mr Ashton said the syndicate members could not get tickets once they arrived in Germany.

"We ended up going to the local areas where they had the big screens. Out of the group of 16 probably only four managed to get tickets."

Other sports fans could learn from his case by getting leave commitments in writing, he said.

He had found work after being dismissed.

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