An employee has been awarded three months lost wages after he was dismissed for serious misconduct. The employee had received several prior warnings for failure to attend work on time and was dismissed after a further episode.
Unfortunately for the employer, none of the prior warnings were valid as none were imposed after a proper disciplinary process. On no occasion had the employer advised the employee of the allegations, or given him an opportunity to respond, and the warnings were imposed by the employer based on predetermined decisions.
As the warnings were all procedurally incorrect the dismissal also fell over, which was a costly lesson for the employer and one that could easily have been avoided if a proper process was followed.
If you need help getting the disciplinary processes correct give me a call on (04) 473 6850.
Alan Knowsley
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