The Employment Relations Authority has rejected a personal
grievance claim for unjustified dismissal of an employee accused of aggressive
behaviour towards other staff.
The ERA held that the allegations were clearly put to the
employee, he was given a reasonable opportunity to respond to the allegations,
to have a support person present and was made aware of the seriousness of the
allegations.
The employer had recorded the disciplinary interview
(which lasted about four hours) so there was a clear record of what had been
said and it also showed the employee’s aggressive and belligerent attitude
during the meeting as well.
The ERA held that a reasonable employer could reach the
conclusion that the employer had done, which was that the allegations were
correct and that the employee did not accept any fault and was unlikely to
improve his behaviour. The dismissal was
therefore justified.
So by following a good and fair process the employer was
able to deal with the employee’s behaviour and dismiss the employee for the
protection of the business and its other staff.
Alan
Knowsley
Employment
Lawyer Wellington
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