Previous Section | Table of Contents | Next Section
Ramsay v Stephen Funeral Home Ltd
27 Sep 2006, P Cheyne, CA 143/06, (7 pages)
UNJUSTIFIED DISMISSAL - Poor performance - Number of errors in work raised with applicant and possibility of dyslexia discussed - When applicant later called to meeting she declined offer to bring support person because unaware performance management process in employment agreement being invoked - Parties met to discuss progress after applicant attended dyslexia course - Respondent offered help and brought further mistakes to applicant's attention - Applicant aware would be final review and dismissal possible - Applicant dismissed and chose to be paid out notice - Attention to detail important part of position - Objectively, duties not discharged to respondent's satisfaction - Actions when initiating review not those of fair and reasonable employer - However, lapse not sufficient to vitiate otherwise proper process - Applicant alleged predetermination but Authority accepted respondent open to applicant demonstrating required accuracy after course - Applicant argued fair and reasonable employer would not have dismissed because mistakes caused by dyslexia - Not dismissed for misconduct, but on notice after being given reasonable opportunity to demonstrate could fulfil essential part of work - Respondent made reasonable efforts to assist and support applicant, although not always recognised or welcomed e.g. suggestion applicant take sick leave, instead of annual leave, to attend course - No link between applicant declining business offer from respondent and performance concerns - Overall, actions those of fair and reasonable employer - Dismissal justified - DISCRIMINATION - Authority did not accept applicant discriminated against because of dyslexia - Applicant dismissed because unable to meet reasonable standard of accuracy in work - DISPUTE - Evidence fell short of establishing promise by respondent to pay some or all of dyslexia course costs - Claim for reimbursement of course costs rejected - Length of service nine months - Funeral director and embalmer
Result: Application dismissed ; Costs reserved
Previous Section | Table of Contents | Next Section
