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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