The
employer dismissed the employee after he found discrepancies surrounding the
reasons why she had left work early one day during her employment.
The ERA
held that although it was reasonable for the employer to conclude that the
employee had told ‘calculated lies’, the employer could only have dismissed the
employee after conducting a fair investigation.
The ERA
found that the employer failed to act as a fair and reasonable employer could
in the circumstances by holding a defective disciplinary meeting. It said the
employer failed to properly inform the employee of any possible consequences
that the meeting may have on her employment and so limited the employee’s
ability to respond to his concerns.
The ERA
awarded over $4,000 for lost wages plus $2,000 compensation for humiliation,
loss of dignity and injury to feelings, including a reduction of 50 per cent
for contributory behaviour.
Alan
Knowsley
Employment Lawyer Wellington
Employment Lawyer Wellington
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