KEY POINTS:
A woman who was awarded compensation after she was unjustifiably dismissed from her job had the amount decreased because of her foul language during the dismissal process, the Employment Relations Authority ruled.
Sharon McDonald was employed as New Lynn, Auckland, store manager for Specialty Fashion Group - formerly Miller's Retail Ltd - in 2005.
Regional manager Donna Shannon told her a complaint made against her by a former employee about not attending to store banking on a daily basis.
Ms McDonald responded by saying Ms Shannon could "stick the job" and she wasn't "putting up with this any more she wasn't paid enough for this crap".
The next day Ms McDonald said to Ms Shannon that she didn't want to "f*** you around but is there a way around this?"
Two days later Ms Shannon phoned Ms McDonald to discuss other allegations against her, such as taking extra long breaks and babysitting her grandchildren in the store.
She also said she accepted Ms McDonald's resignation.
Authority member Leon Robinson said Ms McDonald's comments did not amount to her resigning so was effectively dismissed.
While he commended Ms Shannon for not reacting to Ms McDonald's comments, he said she should never have fired her over the telephone.
"A fair and reasonable employer would not have conducted inquiries in such a manner."
Mr Robinson added that while he understood why Ms McDonald made the statements she did, "the conduct of her bad language constitutes blameworthy conduct".
He awarded Ms McDonald $8000 in compensation but reduced it by 20 per cent to $6400 for her contributory fault.
- NZPA
