Kaitaia woman to pay $3000 in costs | Northland News | Local News in Northland

Kaitaia woman to pay $3000 in costs

A Kaitaia woman who lost her claim for unjustified dismissal after she was sacked from her job at a refuse transfer station partly for refusing to take a bus to work when her car broke down, has been ordered to pay her former employer $3000 in costs.

Marie Bellass was dismissed from her job working Monday, Wednesday, Friday and weekends at the Ahipara transfer station in July 2009.

She was employed by Community Business and Environment Centre Co-operative Society, which trades as Clean Stream Northland.

The company sacked her on the grounds she refused to consider alternative transport, such as using the bus for a short period, and for failing to provide information about her attempts to deal with her lack of a car.

Ms Bellass took her case to the Employment Relations Authority last year claiming unjustified dismissal, but in a decision authority member Dzintra King rejected her claim.

The company then sought a contribution from Ms Bellass for its legal costs of $3300 in fighting the case.

In a just-released decision, Ms King ordered Ms Bellass to pay $3000 as a "reasonable contribution".

In her substantial decision last year Ms King said unless there is agreement otherwise, it is an employee's responsibility to get to and from work.

"It was not the fact Ms Bellass' car was not working that led to her dismissal. It was her refusal to consider alternatives ... and to provide her employer with information about her attempts to deal with the car situation that led to her dismissal," she found.

"An employee has a responsibility to be communicative and responsive and Ms Bellass was not."

In its submissions, the company said Ms Bellass did not have reasonable cause not to attend work and did not provide a reasonable indication when she would be able to return to work.

But Ms Bellass said it was not reasonable for her to get the bus because she would not be dropped off in time to open the transfer station gates, would have to wait on the main road and she did not feel safe carrying the takings.

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