A ‘clash of cultures’ led to dismissal

Press, 2 July 1985, Page 18

A ‘clash of cultures’ led to dismissal

PA Wellington A clash of cultures led a woman employed at Ocean Beach freezing works to take three weeks of unauthorised leave, the Arbitration Court said. Dawn Elsie Bragg was appealing her dismissal by the owners of the works on or about May 16, 1983. The employer claimed the dismissal was justified because of Mrs Bragg’s absence from work in defiance of a declined request for leave. In its finding, the Court said Mrs Bragg had been employed for some years as a personnel clerk at the works, and in February, 1982, became a slaughterboard clerk. “In early April, 1983, Mrs Bragg requested leave, to commence about mid-April, to enable her to travel to the Titi (Muttonbird) Islands. Her request was declined.

“She went in defiance of the declined request and was absent about three weeks.”

On her return, she was interviewed and dismissed

when she confirmed that the only reason for her absence was her trip to the Titi Islands. The Court said that during her employment by the works, she had visited the islands each year from 1973 to 1981, being granted leave each time. However, after her apE ointment as a slaughteroard clerk, the company could not spare her services. Her application for leave fell within the killing season. Mrs Bragg submitted the refusal of leave was unreasonable and unjust. “She told the Court that, to her, the annual visit to the Titi Islands was an event of supreme importance because of its family, tribal and cultural significance. We accept that evidence and the sincerity of Mrs Bragg’s beliefs.” The company had expressly accepted that Mrs Bragg’s views were sincerely held and entitled to respect. However, the company had informed Mrs Bragg: “The fact of the matter is that the services you pro-

vide, which are the very reason for your employment at Ocean Beach, are in peak demand at the present time and will continue that way for some months.” The Court said: “In its broadest perspective we have here a clash between two different ways of life. On the one hand, the maintenance of ancient Maori traditions, even if in an adapted form, is of importance not only to the Maori people but also to all New Zealanders.

“On the other hand, the right of the proprietors of a business to carry on and manage that business within the constraints of the law is also of importance to all New Zealanders. “In such circumstances we cannot condemn the employer’s decision to refuse leave. It seems a pity that Mrs Bragg was obliged to make a choice between competing priorities. “However, that was the situation and she made her choice.

“In all the circumstances, we find the dismissal to have been justified.”