The Employment Relations Authority has
upheld a personal grievance for unjustified dismissal and disadvantage, and
ordered the employer to pay $18,000 in compensation.
Following an altercation at their
workplace, the employee sent a threatening message to one of the business
owners. A short time later, the employee was given a letter and informed they
had been suspended, pending investigation. The employee was given another
letter a few days later informing them they had been dismissed for serious
misconduct.
The Authority decided although the
suspension was likely warranted, the employee should have been given the
opportunity to give their opinion.
Furthermore, no process had been
followed during the investigation. The employee was given no opportunity to
respond to the allegation and therefore their explanations could not have been
genuinely considered by the employer. The employer also failed to adhere to
their good faith obligation owed to the employee.
The Authority described the deficiencies
in the process as “significant” and ordered the employer to pay the employee $6,280
in lost wages and $11,700 for hurt and humiliation.
Had the employer sought advice and
followed the correct process, this outcome may have been avoided and the
grievance not been raised.
When involved in disciplinary matters,
it is essential the correct process is followed and all obligations between the
employer and employee are met.
It is wise to seek advice from a professional
experienced in this area and avoid potentially costly mistakes.
Alan Knowsley
Employment Lawyer
Wellington
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