The Herald reports:
A telemarketer who told her supervisor she was going to “smash her” has been awarded $5000 for wrongful dismissal. …
Although the women disputed details of the cause, the ruling said it was accepted that they yelled at each other and Cumming said she would “smash” her boss if she did not shut her mouth. …
Immediate after management called at which Cumming had no support person.
At a second meeting she grudgingly apologised to Boon, but warned of further reaction if her supervisor “got in her face again”, said the ruling.
Cumming was then dismissed after director Craig Hudgell said “the threat of violence outweighed all other considerations”.
Absolute management acknowledged the dismissal was unjustified.
The authority ordered the company to pay Cumming $5000 and reimburse her filing fee of $71.55.
The company did get the process wrong, but how frustrating must it be to pay $5,000 to an employee you had to sack because she threatened violence against other staff. I think this is a good example of too much focus on process over substance.
I don’t think the initial outburst justified sacking, but to them in a disciplinary meeting assert your intention to do violence if her supervisor annoys her, is surely grounds. You have a responsibility to other staff. Again, they did not follow correct process and admit this, but how very frustrating.Tags: employment law