An employee working as a shop assistant
was dismissed after her partner entered the work place and spoke with her co-worker
in a threatening and frightening manner. The employee’s partner was then issued
with a trespass notice.
The Employment Relations Authority
upheld the employee’s personal grievance claim for unjustified dismissal.
The ERA noted that there may be
circumstances in which the actions of one person can be considered serious
misconduct on the part of an employee. However, the ERA found that the employee
had not instigated or encouraged the exchange between her partner and co-worker,
and that she had no knowledge of what had happened as she was not present at
the time.
The ERA held that a full and fair
investigation into the matter would have disclosed that the employee had no
involvement in the events leading to her dismissal.
The ERA found that the dismissal process
was also flawed as the employee was unaware of the specific allegations she
faced at the disciplinary meeting and was not provided with her co-worker’s
written account of the exchange. The employer relied on this piece of
information to dismiss the employee, who had no opportunity to consider and
respond to the evidence.
The ERA ordered the employer to pay the
employee over $9,100 for lost wages plus $6,000 compensation for humiliation, loss of dignity, and injury
to feelings.
Alan Knowsley
Employment Lawyer Wellington
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