The Employment Relations Authority has found that an
employer unjustifiably dismissed two workers without following a fair
process. However, the ERA concluded that
the employees had lied on their CVs and that their disgraceful conduct meant
they should not get any damages for the unjustified dismissal.
The employer had raised concerns over the employees’
conduct and in relation to their CVs but dismissed the employees under a 90 day
trial clause without a proper process.
Unfortunately the trial clause in the Employment Agreement had not been
signed when the employees started work and therefore was unenforceable.
But for the false CVs the employees would have been
entitled to compensation for the poor process followed and any lost wages. However, their lies were of such a nature
that they would never have been employed in the first place because they did
not have the skills for the job. The ERA
decided that it would be unconscionable for them to be rewarded for their
conduct by any award of damages.
Alan
Knowsley
Employment
Lawyer Wellington
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