'Drunk, abusive' woman unfairly sacked

Photo / Janna Dixon

A woman accused of unleashing a torrent of drunken abuse towards her boss at a work function has won an unfair dismissal claim through the Employment Relations Authority.

Christene Nafoi was working at Complete First Aid Supplies (CFAS) as a sales consultant when she attended a barbecue on November 22, 2008, held by CFAS managing director Shelley Meredith.

It was her behaviour at this barbecue that led to the grounds for her dismissal as Ms Nafoi was heavily intoxicated and witnesses said she was loud and offensive.

Ms Nafoi allegedly called another employee a "f***in' dickhead", commented on the similarity between a sausage and male genitalia and told an associate of Ms Meredith's that she would "cut his f***en dick off".

She went on to tell Ms Meredith that she was a "f***in' bitch", that she hated her and asked Ms Meredith "why are you such a f***in' bitch to me?!" Ms Nafoi claimed to have no memory of the incident until she was told by a co-worker the next day.

A disciplinary meeting was held on November 26 and Ms Meredith gave her version of what happened.

Ms Nafoi denied doing anything wrong and accused Ms Meredith of trying to find reasons to fire her.

She also presented her own grievances letter.

Ms Nafoi believed that CFAS had no evidence supporting its claims so Ms Meredith obtained several statements from other employees who were witness to Ms Nafoi's language at the barbecue.

These statements were not given to Ms Nafoi and she was told she would be notified when a decision would be made.

The ERA said the statements should have been provided and Ms Nafoi should have had the opportunity to comment and respond to them. CFAS did not have the right to continue the dismissal process without Ms Nafoi acknowledging the statements.

The ERA found CFAS' failure to do this meant Ms Nafoi was unjustly dismissed.

Ms Nafoi's grievances outlined how she felt she was disadvantaged, discriminated against and bullied by Ms Meredith.

Her grievances included less over-time being available, overtime given to other employees and threats of redundancy if she did not agree to cut down her hours. She also said she was refused lunchbreaks and that she was subjected to general day-to-day bullying.

The ERA dismissed all of Ms Nafoi's overtime grievances, saying there was a lack of understanding regarding laws of redundancy and the lack of over-time was not aimed at her personally.

Her other grievances were also rejected.

"I do not accept that the facts as I have found them disclose bullying, harassment or discrimination on Ms Meredith's part," said ERA member R. A. Monaghan.

"I do not accept Ms Nafoi's claim that she has a personal grievance in these respects."

The ERA went on to say that Ms Nafoi's behaviour was so unacceptable that no compensation would be awarded as a result.

Ms Meredith's lawyer Richard Upton said she was happy with the result and Ms Nafoi was no longer working for CFAS.