In a recent decision of the Employment Relations Authority, an employer was found not to have followed a proper process around performance matters.  The employee believed that he had been dismissed.  The employer then compounded the problem by not correcting the employee’s mistaken belief and encouraging him to pack up and leave.

The ERA considered the employee to be partly blameworthy for not seeking clarification.  As a consequence of which, the total sum ordered, comprising partly of lost wages and partly of compensation, was reduced by 10% for contributory conduct.

By “simply saying he had not been dismissed” his employer could have saved a lot of hassle and money.

If you have concerns about your employees’ performance or conduct, it pays to seek advice on the proper process to avoid having to pay compensation for getting the process wrong.

Please feel free to call us for a relaxed and confidential chat on (04) 4736850.