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Unjustified dismissal due to payment in lieu of notice...
The Employment Court has found a dismissal under a 90 day trial period to be an unjustified dismissal because the employer failed to give the notice period required.
The employer was required to give one week’s notice, but instead made a payment in lieu without any clause in the agreement allowing payment in lieu.
As the employer had not raised any concerns with the employee, it had not followed a proper process and was liable for lost wages for 12 months and had to pay compensation for hurt and humiliation.
It pays to follow the terms of the employment agreement and a proper process when dismissing an employee.
Employment Lawyer
Wellington
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