Sacked hotel manager to be paid $10,000

The Oaks Hotels and Resorts NZ Ltd has been ordered to pay a former Queenstown employee $10,000 in lost wages and compensation for unjustified dismissal in 2008.

Employment Relations Authority member Helen Doyle found The Oaks was not fair and reasonable in dismissing Patricia Claire Ellis, known as Claire Ellis, who had been employed as the Oaks Shores hotel manager in the resort from August 2007.

Ms Ellis told the authority she was dismissed on October 20, 2008 for "poor performance".

The Oaks said she continued to fail to perform in her role after being warned informally and formally, and did not engage in "an appropriate manner" with general group manager Linda Monteith, of the Sunshine Coast, and area manager Ian Kennedy about performance issues.

A warning was issued to Ms Ellis in June 2008, which included several issues and what was required to rectify them.

In October 2008, a report was prepared based on an "informal discussion", again covering performance issues. Ms Doyle said the report recorded what was said. Ms Ellis was set some tasks, but it was not disciplinary action.

Ms Monteith and Mr Kennedy made an unannounced visit to Oaks Shores on October 20 and that night a "discussion" took place between them and Ms Ellis.

When Ms Ellis was asked the next day by Mr Kennedy and Ms Monteith to continue the previous night's discussions, she asked if it was a disciplinary meeting and when she was advised it was, she asked for a support person.

Ms Ellis contacted a lawyer who advised she should not discuss the matter without a support person and the meeting should be rescheduled.

Ms Monteith then advised Ms Ellis if she was not going to complete the discussions, her employment would be terminated. She was later sent a letter confirming the termination of her employment and was paid one month's salary in lieu of notice and her holiday entitlements.

The authority said the review of Ms Ellis' performance leading up to and including the October meetings were not the actions of a fair and reasonable employer.

No advance notice was given of the October 20 and 21 disciplinary meeting, the issues to be discussed and no suggestion made Ms Ellis should have representation.

"In the absence of a fair process, the decision reached to dismiss Ms Ellis for poor performance was not justifiable."

The authority found Ms Ellis was entitled to $7500 for six weeks' lost wages and $5000 compensation. The amount was reduced by 20% to reflect Ms Ellis' contribution to the matter.

The authority reserved its decision on costs.