The Employment Relations Authority has upheld a personal
grievance claim for an unjustified dismissal after a worker was fired following
calling in sick.
When the worker contacted his employer to say that he was
unwell and could not come to work, he was told to “harden up or there would be
no work for him”. The employer then sent
a text to the employee telling him not to bother turning up to work. The employee took that as a dismissal and
enquired about his final pay. The
employer failed to pay any final pay and did not try to dissuade the employee
from his belief that he had been dismissed.
The ERA held that this was an unjustified dismissal and
awarded $3,300 for unpaid wages, over $4,000 for unpaid holiday pay and $12,000
compensation for the hurt and humiliation suffered by the employee for the
unjustified dismissal.
Alan
Knowsley
Employment
Lawyer Wellington
No comments:
Post a Comment