The Employment Relations Authority has found that an
employee was unjustifiably dismissed because the employer failed to follow a
proper process in dealing with a disciplinary matter.
The employee had been paid a salary higher than other
staff on the basis that he did not discuss his salary level with any other
staff. The employee then told one of the
other staff of his salary level. This
caused the other staff member to challenge the employer about the discrepancy
and to resign.
The employer then confronted the employee and dismissed
him without any process. The Employment
Relations Authority awarded over $28,000 damages for the unjustified
dismissal. That was after reducing the
damages by 30% due to the employee breaching good faith by revealing his
salary.
As the employee had breached good faith the employer would
have been entitled to dismiss him had a proper disciplinary process had been
followed. The allegation of breach of
confidentiality by discussing his salary with another employee should have been
put to the employee and his response sought before any decisions were made as
to whether he was guilty of breaching his agreement. If that had been done the employer would not
have been liable for any damages for dismissing the employee as the dismissal
would be justified and a fair process followed.
Alan
Knowsley
Employment
Lawyer Wellington
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