Dismissal justified but back pay of over $29,000 ordered…

An employee who worked as a chef and was made redundant has had his personal grievance claim for unjustified dismissal rejected by the Employment Relations Authority.

The ERA said that it was reasonable for the employer to conclude that it had surplus staff, and the consultation process it adopted was fair and reasonable, as was the subsequent decision to dismiss the employee.

The ERA held that the employee was entitled to money in respect of unpaid annual leave and public holidays, but had to repay a loan that had been provided to the employee by the company.

The ERA awarded over $29,000 for unpaid annual leave and public holidays, and ordered the employee to repay the company $10,000 for the loan.

Alan Knowsley