They shouldn’t get anything
A Rotorua Council worker got $7,500 judgment for lost wages over what is basically process issues. But the substance of their behaviour makes me think they should have got nothing. Here’s what they did.
- Absent for nine days in his first 10 weeks on the job
- Stopped turning up for work on November 6 (three months in)
- Did not respond to e-mails or texts over two weeks
- On 21 November asked to attend a meeting over his absences
- He emailed his manager a medical certificate for an absence of 11 days from November 6 to December 18, but this covers 30 days. Did not respond to six queries over the certificate
- Another meeting proposed in November, which he did not respond to
- On 1 December told to attend a meeting on 5 December with termination possible
- He attends and provides an unsigned (ie worthless) medical certificate for 30 days absence
- Manager didn’t sack him, just set expectations for a return to work plan
- A further medical certificate saying he could not work until 9 January
- Did not turn up 9 January
- On 17 January asked to attend 23 January meeting. Did not turn up
- He is notified that day of his dismissal and sacked him for serious misconduct
Despite all this the ERA said it was not serious misconduct, just misconduct and he did not have enough warnings and sacking was disproportional. They found unjustified dismissal.
This is nuts.
If you don’t turn up to work and fail to respond to say three messages over say a week you should be goneburger, unless you are in a coma.