The Employment Relations Authority has upheld a personal grievance claim for unjustified dismissal following a redundancy process.

The employee was subject to rude comments from a co-worker about her breasts being shown on her tinder profile.  That was untrue.  The employee complained to management and the complaint was not properly investigated.  She therefore raised a personal grievance. 

Five days after raising the personal grievance she was told that her position was going to be made redundant and she therefore took a claim to the Employment Relations Authority claiming that the redundancy was not genuine.

The Employment Relations Authority agreed that the redundancy was not genuine and was designed to get rid of an employee who had raised a personal grievance.

The ERA awarded the employee $14,000 lost wages and $30,000 compensation for the unjustified dismissal.




Alan Knowsley
Employment Lawyer
Wellington