Wednesday, 18 November 2015

Employer unjustifiably dismisses employee for poor performance…


An office assistant has been dismissed for poor performance after making one too many mistakes at work. The employee failed to correctly package and despatch parcels to several clients and on one occasion sent the wrong watch and repair to a customer.

The Employment Relations Authority upheld the employee’s personal grievance claim for unjustified dismissal.

The ERA held that the employer failed to act as a fair and reasonable employer could have done in the circumstances by not providing the employee with a full opportunity to improve her performance.

The ERA also found that the employer had failed to put the employee on notice that her employment was in jeopardy.

The ERA ordered the employer to pay the employee three months’ lost wages and $7,500 compensation for humiliation, loss of dignity, and injury to feelings plus $1,750 towards her costs.

Alan Knowsley
Employment Lawyer Wellington

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