Dismissal for insubordination held to be unjustified…

An employee has won his unjustified dismissal claim after taking a personal grievance to the Employment Relations Authority.  The ERA found that the employee should not have told his boss to, “Lose the attitude and calm down,” but that those words did not amount to serious misconduct justifying immediate dismissal.

The employer failed to advise the employee that it was conducting a disciplinary meeting, failed to advise him of the alleged misconduct, did not tell him he could have a support person, did not give any opportunity to respond, and did not tell him he could be dismissed.

The ERA awarded lost wages and compensation for the unjustified dismissal.

If you need help getting the disciplinary process right give me a call on (04) 473 6850.

 

Alan Knowsley