Employee dismissed after having surgery…

An employee who worked as a plasterer has had her personal grievance claim for unjustified dismissal upheld by the Employment Relations Authority.

The ERA held that the employer failed to act as a fair and reasonable employer could in the circumstances by following no process before terminating the employee by telephone after she sought to return to work after her surgery.

The ERA stated that the employer had not acted in good faith towards the employee by misleading her about the reason for her dismissal.  The ERA found that the employer deceitfully told the employee that her position had been terminated due to the company entering into receivership. However, after an investigation this was found to be untrue and the company fully operational. The ERA also noted that the employer was unable to justify its dismissal of the employee.

The ERA awarded over $140 for unpaid wages and $720 in holiday pay. $2,835 for lost wages was awarded plus $5,000 compensation for distress.

Alan Knowsley
Employment Lawyer Wellington