The Employment Relations Authority has found that an employee was unjustifiably dismissed by her employer when she turned up for work.  She had not even got out of her car when the employer approached her and told her not to bother to get out of the car and that she wasn’t to come to work.  The employer also demanded her work keys and was acting in a very furious and agitated manner.

The ERA held that there was no proper process followed for the employee’s dismissal and that contrary to what the employer claimed at the ERA hearing it did not have the right to make unilateral changes to an employee’s working hours without raising matters with the employee.

It took the employee 24 weeks to obtain alternative employment and she was entitled to be paid for the lost wages of $23,200.



Alan Knowsley
Employment Lawyer
Wellington