The employee worked as a labourer and driver for his father
in a small earth-moving and transport company. The father dismissed the son
over an allegation that the son had been gossiping about the father’s business
to clients. The dismissal occurred after a heated meeting.
The ERA said that the disagreement between the son and the
father directly resulted in the termination of the employee’s contract with the
company.
The ERA held that there was no evidence that the employer
investigated the allegations, and the employee had been provided with no timely
explanation of the reason for the meeting in order that he could prepare a
response to it. Nor had the employee been advised of his right to have a
support person present.
The employee’s father was also found not to have considered
the employee’s explanations for the allegations.
The ERA awarded $8,600 for lost wages and $6,000
compensation for hurt and humiliation.
Even if you are operating
a family business you still need to follow the right procedures.
Alan Knowsley
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