An employee
working in a buffet restaurant
has been dismissed for deliberately throwing food and serviettes on the floor,
and smearing cream on the buffet area at the end of the night. The employee was
also alleged to have made racist comments in the workplace.
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 not
investigating the allegations that the employee had made offensive remarks, and
by not giving the employee an opportunity to comment on the allegations, before
making a decision.
The ERA found that the employer’s
dismissal process was flawed. The employee was given no advance notification of
the disciplinary proceedings and was not provided with any information. The
employee had no support person and was dismissed by text before the conclusion
of the disciplinary process.
The ERA ordered the employer to pay the employee
one months’ lost wages plus $4,000 compensation for humiliation, loss of
dignity and injury to feelings.
Alan Knowsley
Employment Lawyer
Wellington
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