The Employment Relations Authority has upheld a claim for
unjustified dismissal after an employee was told he was being laid off due to
lack of work. The ERA held the dismissal
to be unjustified because there was no proper process followed by the employer. It did not give the employee any opportunity
to give feedback on the proposed dismissal for lack of work and the employer
did not advise the employee he was entitled to a support person during the
process. The ERA ordered that the
employee be paid $4,450 for lost wages and $7,000 compensation for the hurt and
humiliation suffered.
If the employer had followed a proper process of letting
the employee know they were considering having to lay him off due to a lack of
work, had provided him with an opportunity to give feedback and to be assisted
by a support person, then the dismissal would have been upheld as being
justified. The employer would have not been liable for any lost wages or
compensation. It is important to make
sure you get the process right if you want to avoid expensive lessons in
employment situations.
Alan
Knowsley
Employment
Lawyer Wellington
No comments:
Post a Comment