The
employer received two letters of complaint, which it raised with the employee,
but refused initially to hand copies over to her when requested. It then also investigated further complaints
but, when she requested details, it refused saying “she had enough information
already”.
The ERA
found that the failure to provide the requested information meant the employee
did not have a fair opportunity to know what the complaints were or to respond
fully to them.
In
addition the ERA held that the allegations could not have justified a dismissal
at all. They were performance issues and
should have been dealt with by a performance management process.
Over
$17,000 wages and compensation were awarded.
Alan
Knowsley
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