An employee working as a site supervisor
has been suspended and dismissed after placing a portaloo on the worksite. The
employee was asked repeatedly by his manager to remove it but refused to do so.
The Employment Relations Authority
upheld the employee’s personal grievance claim for unjustified disadvantage in
relation to the suspension but held that the employee had been justifiably dismissed.
The ERA held that the suspension of the
employee was unlawful as the employee was not consulted about the possibility
of being suspended. The failure to consult the employee disadvantaged him by
depriving the employee of the opportunity to have his views heard and
considered.
The ERA held that the employee was
justifiably dismissed as the employer’s investigation process complied with its
internal policy documents. The employee was aware of his employer's concerns
regarding his refusal to comply with instructions, and was given the opportunity
to respond to those concerns. The employer genuinely considered his response
before terminating his employment.
The ERA ordered the employer to pay $4,000
compensation to the employee but made no award for lost wages as the employee had
been paid throughout the suspension period.
Alan Knowsley
Employment Lawyer Wellington
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