An employee’s personal grievance claim for unjustified dismissal has been upheld by the Employment Relations Authority.

The employee worked as a car groomer and was dismissed after he refused to follow instructions and failed to clean a number of cars properly.

The ERA held that a fair and reasonable employer in the circumstances could not have dismissed the employee for his conduct as his refusal to follow instructions was not repetitive and was a one off event.  The ERA also found that the employer failed to raise any concerns with the employee over his conduct, and did not provide him with the chance to explain his behaviour.

The ERA awarded over $780 for lost wages and leave entitlements plus $500 compensation, including a reduction of 50 per cent for contributory behavior.