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Remedies reduced by 50% due to employee's conduct
The Employment Relations Authority has upheld a personal grievance for unjustified dismissal but then reduced the remedies by 50% because of the conduct of the employee.
The employee had been dismissed without a proper process as no opportunity was given for the employee to respond to the allegations made by the employer.
The Authority found that lost wages of three months ($10,500) plus compensation of $10,000 would have been appropriate. However, the employee contributed to the situation by repeatedly arriving late for work, failing to follow reasonable instructions and poor workmanship. The remedies were halved as a result.
Alan Knowsley
Employment Lawyer
Wellington
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