Employee made redundant for being incompetent…

The Employment Court has upheld the decision of the Employment Relations Authority which found that an employee who worked as an office manager and was made redundant was unjustifiably dismissed.

The Court held that the employer failed to act as a fair and reasonable employer could in the circumstances by following a defective process when dismissing the employee.

The employer failed to give the employee sufficient information and opportunity to respond to the decision to terminate her position. The Court found that the employer was concerned about the employee’s absences and performance within the workplace, and so sped up the process. This resulted in the employee’s termination months prior to other redundancies which were made.

The Court awarded two months lost wages and reimbursement of 16 days annual leave, plus $4,500 compensation for hurt and humiliation.

Alan Knowsley
Employment Lawyer Wellington