Dismissal for aggressive behaviour upheld

The Employment Relations Authority has rejected a personal grievance claim for unjustified dismissal of an employee accused of aggressive behaviour towards other staff.

The ERA held that the allegations were clearly put to the employee, he was given a reasonable opportunity to respond to the allegations, to have a support person present and was made aware of the seriousness of the allegations.

The employer had recorded the disciplinary interview (which lasted about four hours) so there was a clear record of what had been said and it also showed the employee’s aggressive and belligerent attitude during the meeting as well.

The ERA held that a reasonable employer could reach the conclusion that the employer had done, which was that the allegations were correct and that the employee did not accept any fault and was unlikely to improve his behaviour.  The dismissal was therefore justified.

So by following a good and fair process the employer was able to deal with the employee’s behaviour and dismiss the employee for the protection of the business and its other staff.

Alan Knowsley
Employment Lawyer
Wellington