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

The employee was dismissed for taking unauthorised breaks; failing to serve customers and deliberately damaging food items (allegedly to prevent their sale).

The ERA held that none of these allegations were raised with the employee before she was dismissed and that no proper process was followed.  Lost wages of $774 and compensation of $7,500 were awarded.

Once again an employer has got the process all wrong and therefore lost the ability to justify the decision to dismiss.  Ignorance of the process and lack of funds to pay were not acceptable defences to the employee’s claims.