All employers have to act in good faith towards their employees. That includes providing relevant information. An employer who is proposing to make a decision that will have an adverse effect on the continuation of an employee’s employment must give the employee access to relevant information and an opportunity to comment on it before making the decision.
A failure to provide the information means the employer has not complied with their statutory obligations and the dismissal is unjustified.
The Employment Relations Authority ordered an employer to pay lost wages of $2,000 and compensation of $9,000 following the dismissal of a worker for alleged bullying. Details of the complaints and complainants were withheld from the employee so she could not comment on the material. The verbal versions given by the employer were also misleading.
What may have been a justified dismissal following numerous complaints from staff and customers became a costly lesson for the employer because the correct process was not followed.
If you need help with the disciplinary process call me on 04 473 6850 for an initial chat.
Alan Knowsley
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