In a recent Employment Relations Authority decision a final warning for serious misconduct has been overturned due to delay.

The employee took a personal grievance after being found guilty of serious misconduct.  The employer imposed a final warning and ordered the employee to undergo anger management training.  The incident arose when the employee was shaken awake by a colleague during a scheduled rest break.  The employee was upset and shook the colleague by the arm asking how it felt to be woken like that.

The disciplinary process instigated by the employer took 10 months to conclude that the employee had committed serious misconduct.

The ERA threw out the final warning and the imposed anger management course because by that time the incidents were historical.  The employee had been working in the interim without incident. No damages were awarded to the employee because of her over-reaction and handling of her colleague.

If you need help getting your disciplinary process right call me on (04) 473 6850.