An employee who was dismissed after swearing at his supervisor has had his claim for unjustified dismissal upheld.

The Employment Relations Authority held that the process followed by the employer was unfair as not all relevant information was given to the employee to comment on before the decision was made.

The ERA accepted a fair and reasonable employer could have concluded that the employee’s conduct amounted to misconduct and could reasonably conclude the words used were threatening language.

However, it decided that a fair and reasonable the employer should have given the employee a written warning to make it clear to him the language was unacceptable and the consequence to his employment if it was used again.

The employee received 3 months wages (less a reduction of 20% for his behaviour) and a $5,600 compensation award.