An employee has succeeded in their personal grievance for unjustified dismissal once again because the employer failed to follow proper processes when dealing with issues of poor performance.

The employee was under a 90 day trial provision.  This means they could have been dismissed without any reason being necessary if that had been done during the 90 days.  However, the employer waited until after the 90 days to dismiss.  It also failed to raise with the employee its concerns over her performance so she had no opportunity to respond before she was dismissed.

The Employment Relations Authority ordered payment of $12,000 lost wages, $13,000 compensation for hurt and humiliation plus costs.

Alan Knowsley
Employment Lawyer