An employee working as a delivery driver
was dismissed after the end of her shift for arguing with both of her
supervisors.
The Employment Relations Authority
upheld the employee’s personal grievance claim for unjustified dismissal.
The ERA found that no process was followed
when the employer terminated the employee’s position. The employer did not
investigate the allegations against the employee and failed to raise its concerns
with the employee before deciding to dismiss her. The employee was given no
reasonable opportunity to respond to the employer’s concerns, and the employer
was thus unable to genuinely consider the employee’s explanation for her conduct.
The ERA noted that these defects in the
process were significant and had resulted in the employee’s unfair treatment.
The ERA ordered the employer to pay the
employee over $3,900 for lost wages plus interest, and $7,500 compensation for
humiliation, loss of dignity and injury to feelings.
Alan Knowsley
Employment Lawyer Wellington
No comments:
Post a Comment