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Employee unjustifiably dismissed for helping colleagues complete work…
An employee has been dismissed after helping his colleague’s complete work. The employer claimed that the employee was assisting his colleagues for personal gain when he was supposed to be doing his own job.
The Employment Relations Authority upheld the employee’s personal grievance claim for unjustified dismissal.
The employee was paid an hourly rate while other staff members were paid on a piece basis. Accordingly, the employer was paying for the work to be done twice, once by the worker and then again by the employee at his hourly rate.
The ERA held that there was no evidence that the employee was helping his colleagues for profit, or that there was any conspiracy between the workers.
The ERA noted that the employee could have been helping in a spirit of collegiality or because he had been told to do so by his supervisor.
The ERA ordered the employer to pay the employer over $2,500 for lost wages plus $8,000 in compensation for humiliation, loss of dignity and injury to feelings.