The Employment Relations Authority has upheld a personal grievance for unjustified dismissal against an employer.

The employer sent a letter to the employee expressing concerns about his workplace performance and inviting him to a disciplinary meeting.

Before the meeting could take place, the employee was given a trespass notice preventing him from entering the workplace or attending the meeting.

The employee then received a letter dismissing him. The employee raised a personal grievance for unjustified dismissal.

The Authority considered whether the dismissal was justified and carried out in good faith. It held that the employer giving the employee the trespass notice amounted to a dismissal.

The Authority further explained that the employer shortened the disciplinary process by sending out the disciplinary letter before any formal process was carried out. Since the employer failed to follow the correct process when considering the disciplinary issues, the dismissal was unjustified.

The Authority ordered the employer to pay the employee:

  • $14,000 in compensation for humiliation, loss of dignity and injury to feelings;
  • $7,955.56 in lost wages;
  • a penalty of $1,500 for failing to provide the employee’s employment records ($1000 of the penalty was paid to the employee); and
  • $2,321.56 as a contribution to the employee’s costs.

 

It is important that employers follow the correct processes if disciplinary issues arise. Failure to do so may result in an expensive personal grievance. If there are concerns about the proper process to follow in a disciplinary process, or dismissal situation, it pays to speak to a professional experienced in this area.

Leading law firms committed to helping clients cost-effectively will have a range of fixed-price Initial Consultations to suit most people’s needs in quickly learning what their options are. At Rainey Collins we have an experienced team who can answer your questions and put you on the right track.

 


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