The Employment Relations Authority has upheld a claim for unjustified dismissal after a roofing worker was dismissed for flirting with a customer.

The employer held an investigation meeting and alleged that a complaint had been received from a women client about the behaviour of the worker.  In reality the complaint had been received from the woman’s husband, who was upset at the attention his wife was paying to the worker while the worker was working with his shirt off. The ERA held there were no grounds to dismiss the employee.

The ERA awarded the employee $22,875 compensation for injury to feelings and the unjustified dismissal.

Alan Knowsley

Employment Lawyer Wellington