An
employee of 13 years’ service was dismissed after an allegation she released
confidential documents to the media.
The
Employment Relations Authority upheld the employee’s personal grievance claim
for unjustified dismissal but refused to reinstate her.
The
ERA found that despite raising their concerns with the employee, and providing
the employee with an opportunity to respond to their concerns, the employer did
not genuinely consider the employee’s explanations.
The
ERA found that the employer was biased against the
employee and may have predetermined the outcome of the disciplinary process.
The failure to genuinely consider the employee’s explanation was fatal to the
employer’s process.
The
ERA ordered the employer to pay the employee 8 months lost wages plus $20,000
in compensation for hurt and humiliation. If the employer had kept an open mind
during the process all these costs may have been avoided.
Alan Knowsley
Employment Lawyer Wellington
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