Wednesday, 2 March 2016

Employee dismissed after criminal charge wins damages…


An employee working in a small rural town retailer was dismissed after being charged as an accessory after the fact to murder.  He had been bailed on the charge and so was able to work but his employer decided to dismiss because of the effect on the business and concern by other staff members about working alongside the accused.

Unfortunately, the employer failed to follow any proper process and dismissed the employee without any chance for the employee to respond and without even talking to the employee.  The employer merely rang the employee’s mother and advised her of the dismissal.

Once again a failure to follow a proper process has cost an employer as the dismissal would have been justified (on the particular facts of this case) but for the lack of process.

Alan Knowsley
Employment Lawyer Wellington

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