Employee fired for poor performance under pretence of business restructuring…

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

The ERA held that the business was not undergoing a genuine restructuring as the employer failed to make available financial and other information supporting the restructure. The ERA found that the employee was the only person to be made redundant, and noted that he was specifically chosen because of his poor performance. 

The ERA awarded over $1,600 for wage arrears and lost wages plus $2,500 compensation for distress. Legal and filing fees of over $1,800 were also awarded.
 

Alan Knowsley
Employment Lawyer Wellington