Poor process results in unjustified dismissal…

The Employment Relations Authority has upheld a personal grievance claim for unjustified dismissal after an employee was dismissed during an investigation meeting.

The employer alleged that the employee had self-harmed in the workplace because he did not want to carry out tasks assigned. 

The employer called the employee to a disciplinary meeting, but only gave 24 hours’ notice of that meeting.  During the meeting the employer did give the employee an opportunity to give explanations, but immediately dismissed him during the meeting.  The Employment Relations Authority held that there was obviously no consideration of the employee’s responses before the employer moved to immediate dismissal.

In addition the employer had failed to provide the employee with any information to support the allegations, for example, statements from witnesses to the incident. 

Those failings meant that the dismissal was unjustified and the employee was awarded $11,700 lost wages and $15,000 compensation for hurt and humiliation.

Alan Knowsley

Employment Lawyer Wellington