The ERA said that the employer should have discussed, and
put in writing, the position of the company and advised the employee that he
was considering disestablishing her role.
The ERA also noted that the employer should have invited the
employee to attend a meeting at which she could have had a support person
present, and should have provided the employee with information, and an
opportunity to make suggestions to improve the financial position of the
company so as to avoid her dismissal. The employer should then have given
genuine consideration to those suggestions before making a decision.
The ERA held that although the employer’s decision to
disestablish the employee’s role was justified, the process they followed was
flawed.
Lost wages of just over $2,900 plus compensation of $7,000
were awarded.
Alan Knowsley
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