An
employee working as a corrections officer has been dismissed for serious
misconduct after she hit and broke her stepfather’s car windscreen. The
employee failed to disclose her criminal charge for wilful damage to her
employer until after she had made two Court appearances. The employee then had
a warrant issued for her arrest.
The
Employment Relations Authority rejected the employee’s personal grievance claim
for unjustified dismissal.
The
ERA held that the dismissal was substantially justified in the circumstances as
the Department of Corrections requires a high standard of professional and
personal behaviour from its employees, and requires them to comply with the law
at all times.
The
ERA found that the employer followed a fair and proper dismissal process. The
employee had multiple chances to provide feedback on the employer’s
investigation and had the support of her husband and lawyer throughout the disciplinary
process. The employer genuinely considered the employee’s explanation for her
conduct, and considered a range of alternatives to dismissal, but ultimately decided
that they no longer had trust and confidence in the employee.
Alan Knowsley
Employment Lawyer Wellington
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