The
Employment Court has increased damages awarded to an employee by the Employment
Relations Authority for his unjustified dismissal.
The
employee was employed in the public sector in a role which required him to have
a driver’s licence. His employment agreement required him to inform his manager
should his licence be suspended.
During
his employment, the employee was involved in two incidents with a departmental
vehicle which he did not advise his manager of. His licence was suspended but
he continued to drive and receive compensation for the mileage. There had also
been complaints from co-workers and significant frustrations around working
with the man.
The
Employment Relations Authority found that the manager had used the driving
infringements as a means of engaging in a process to remove the man.
Consequently, he did not approach the process with an open mind, and following
email evidence did not act in good faith.
The
Employment Court awarded the man 13 weeks lost wages and reduced the deduction
for behaviour from 50% to 20% which increased his award by $5,400. The Court
declined reinstatement.
When
involved in a disciplinary process, it is essential proper procedure is
followed and anyone involved acts in good faith, otherwise the employer runs
the risk of employees raising personal grievances.
Alan Knowsley
Employment Lawyer Wellington
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