The employee raised concerns with her employer
that PAYE and student loan repayments from her wages were not being paid to IRD.
The employer responded with a written warning to the employee and then
terminated her employment for redundancy.
The Employment Relations Authority (ERA) found
her warning and dismissal to be unjustified. The employer had no valid reason
for giving the warning and also did not follow the correct procedure to make
the employee redundant.
The employee was awarded compensation of
$10,000 for her dismissal and $1,980 reimbursement for lost wages.
The employer is also facing an investigation by
the IRD for non payment of the taxes so could also face criminal sanctions and
penalties.
Alan KnowsleyEmployment Lawyer Wellington
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