Manager dismissed for gross negligence and argues that the investigation was inadequate

A restaurant manager was summarily dismissed for serious misconduct after she mistakenly confirmed a helicopter booking that caused her employer to exceed its resource consent limits for landings and takeoffs.

The worker apologised and took full responsibility for the error, but the employer determined her actions amounted to gross negligence that caused significant damage to the business.

The worker claimed she was not given adequate opportunity to respond, was not properly trained on the requirements, and that the employer made a predetermined decision to dismiss her without exploring alternatives.

The employer argued to the Employment Relations Authority (ERA) that it maintained that it followed the correct investigation and disciplinary processes to reach its decision.

Background and booking error

The employer operated a winery, restaurant and accommodation business on Waiheke Island with resource consent setting strictly limited numbers for permitted helicopter landings and takeoffs.

Helicopter traffic and noise issues had caused controversy with some neighbors, so the company had a procedure to check that helicopter bookings were kept within those limits, concerned that further complaints would cause legal costs, bad publicity and potentially affect its license and business viability.

The office manager was primarily responsible for approving and recording helicopter bookings on a...

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