The Employment Relations Authority has rejected a claim
for a personal grievance for unjustified dismissal by an employee. The employee was accused of serious breaches
of security in his workplace and these were investigated by the employer. An external investigator was engaged to
investigate and to report back. The
employee was given the details of the allegations and an opportunity to comment
on them and when the findings came out finding serious misconduct he was
advised of the preliminary view of dismissal and was given an opportunity to
comment on that.
The ERA found that the investigation carried out was done
fairly and could not be criticised. The
decision reached that the employee had breached security matters was one a fair
and reasonable employer could reach and the decision to dismiss was fair and
reasonable in the circumstances. This
meant that the employee’s claims of unjustified dismissal were rejected.
Alan
Knowsley
Employment
Lawyer Wellington
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