Supervisor to get dismissal compensation

A cafe worker sacked for alcoholrelated breaches of her employment agreement was unjustifiably dismissed, the Employment Relations Authority says.

Frances Hall was a junior supervisor at the Training Cafe operated by Taumarunui Christian Education Trust, which provides hospitality training to disadvantaged youth referred by Work and Income.

The ERA found that the process of her dismissal was flawed as the cafe did not hear from Hall before dismissing her. She was awarded $1000 in compensation.

According to Hall’s employment agreement, drugs and alcohol were not allowed on the premises at any time and a breach of this rule would result in instant dismissal.

The first instance involved beer bottles provided by a local man as a Christmas gift in 2015. Hall accepted the beer on the cafe premises.

Two months later, Hall and her partner drove to the cafe on her day off. She brought a bottle of vodka and shot glasses with her, which she placed on the dashboard. Two trainees came up to the car and asked Hall’s partner if they could have shots, which he provided.

Hall did not report either incident to her employer.

Trust chairwoman Raewyn West found out about the incidents a few months later when she was investigating an allegation made by Hall that a trainee had brought marijuana to work.

Hall was suspended with pay while the investigation into the two incidents was taking place. The trust set up a disciplinary meeting which Hall did not attend as she was unwell and provided a medical certificate proving this.

The meeting still took place and Hall was fired a few days later.

But the ERA said a fundamental flaw in her dismissal was the trust’s failure to provide Hall with all the information before it when making its decision.

The trust had taken three witness statements but did not show these to Hall before firing her.

The ERA reduced the initial award of $2000 by 50 per cent because of contributory conduct.