Employee argues health issues and family circumstances justified extensive absences
The Employment Relations Authority (ERA) recently dealt with a personal grievance claim involving a council recreation planner who was summarily dismissed for serious misconduct after being absent from work for over 50 per cent of his scheduled workdays during a five-month period.
The worker argued that his dismissal was unjustified despite acknowledging his extensive absences, claiming his employer failed to follow its own progressive disciplinary processes and should have considered alternatives such as medical incapacity or formal warnings.
He also argued that his health issues and family circumstances contributed to his attendance problems.
The worker started employment with the council on 17 August 2023 as a recreation planner within the operations team. His role involved developing strategies and partnering with multiple entities to deliver recreational facilities and sporting development.
He was employed on a full-time basis, working 40 hours per week, Monday to Friday from 8 am to 5 pm, with some flexibility in start and end times.
The worker lived in Tauranga and commuted approximately one hour to Rotorua each day, which created logistical family difficulties. He admitted in hindsight that the role "was not the right role for him and did not have the flexibility that he needed."
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