Employee left living out of car after unjustified dismissal…

An employee’s personal grievance claim for unjustified dismissal has been upheld by the Employment Relations Authority.

The ERA held that the employer failed to act in good faith towards the employee by dismissing her after a disagreement arose between the parties following discussions surrounding a variation in her terms of employment.

It said that further discussion was needed and the employer failed to act as a fair and reasonable employer could in the circumstances by dismissing the employee in advance of, or in the absence of, this conversation.

The ERA found that the employee suffered humiliation and loss of dignity after her dismissal when she was forced to live out of her car while she tried to find new work.

The ERA awarded over $1,500 for wage arrears and holiday pay plus $5,000 compensation for humiliation, loss of dignity and injury to her feelings. The employer was also ordered to pay over $400 for the employee’s expenses in bringing her claim to the ERA.

Alan Knowsley
Employment Lawyer Wellington