Employer penalised $18,000 after employee dismissed...

The Employment Relations Authority has upheld a personal grievance claim for unjustified disadvantage and unjustified dismissal after an employee had shifts cancelled and was dismissed with no proper process.

The employee was engaged to work shift work and the employer cancelled two shifts without adequate warning.  On a following shift it required the employee to work in a role he was not engaged or trained for under threat of a warning if he refused.

He was then dismissed without the employer following any process, other than to tell him he was no longer required by text, with no reason given.

The ERA found that the cancelling of the shifts and threat of a warning if he did not undertake a different role was an unjustified disadvantage and ordered the employer to pay the employee $7,500.

It found that the lack of process made the dismissal unjustified and ordered compensation of a further $7,500.

It also ordered that the employer be penalised $3000 for failing to provide a written employment agreement, failure to pay wages and contacting the employee’s other employer in an attempt to discredit him.  Half of the amount ($1,500) is to be paid to the employee along with unpaid wages of $856.

It seems here that the employer got every aspect of their dealings with the employee wrong and faces a $18,000 bill as a result.

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Alan Knowsley