Unjustified dismissal but no compensation...

The Employment Relations Authority has found that an employer unjustifiably dismissed two workers without following a fair process.  However, the ERA concluded that the employees had lied on their CVs and that their disgraceful conduct meant they should not get any damages for the unjustified dismissal.

The employer had raised concerns over the employees’ conduct and in relation to their CVs but dismissed the employees under a 90 day trial clause without a proper process.  Unfortunately the trial clause in the Employment Agreement had not been signed when the employees started work and therefore was unenforceable.

But for the false CVs the employees would have been entitled to compensation for the poor process followed and any lost wages.  However, their lies were of such a nature that they would never have been employed in the first place because they did not have the skills for the job.  The ERA decided that it would be unconscionable for them to be rewarded for their conduct by any award of damages.

Alan Knowsley

Employment Lawyer Wellington