An employee working as a bar manager sent
staff home early after being authorised to do so by her employer’s wife. The employee
was later dismissed by her employer when he found out about her alleged
misconduct.
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 in all of the circumstances by
refusing to listen to the employee’s explanations for her conduct, and by
shouting at her.
The ERA considered that the employee
acted reasonably by seeking out the employer for instructions and when he was
unavailable by following the directives of his wife, who held herself out to be
a person in charge and who could, and did, issue instructions to staff.
The ERA ordered the employer to pay the
employee over $6,300 for lost wages, and almost $600 for unpaid holiday pay
plus $6,000 compensation for humiliation, loss of dignity and injury to
feelings.
Alan Knowsley
Employment Lawyer Wellington
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