The Employment Relations Authority has upheld a personal
grievance claim for unjustified dismissal following a redundancy process.
The employee was subject to rude comments from a co-worker
about her breasts being shown on her tinder profile. That was untrue. The employee complained to management and the
complaint was not properly investigated.
She therefore raised a personal grievance.
Five days after raising the personal grievance she was
told that her position was going to be made redundant and she therefore took a
claim to the Employment Relations Authority claiming that the redundancy was
not genuine.
The Employment Relations Authority agreed that the
redundancy was not genuine and was designed to get rid of an employee who had
raised a personal grievance.
The ERA awarded the employee $14,000 lost wages and
$30,000 compensation for the unjustified dismissal.
Alan
Knowsley
Employment
Lawyer Wellington
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