Employee grabs man by the throat and pins him against building…

An employee who worked as a long haul truck driver has had his personal grievance claim for unjustified dismissal upheld by the Employment Relations Authority.

The employer dismissed the employee after he physically assaulted a staff member of its only customer, who then barred him from their premises.

The ERA held that the employment contract was not frustrated by the serious misconduct as the employer could still act in good faith towards the employee even when options for continued employment were limited.

The ERA found that the employer failed to act as a fair and reasonable employer could in the circumstances as he denied the employee any opportunity to explain his conduct, and failed to consider any other options besides dismissal.

The ERA awarded over $5,800 for holiday pay plus $4,000 compensation for hurt and humiliation.

Alan Knowsley
Employment Lawyer Wellington