An employee who worked for a chain store has had his personal grievance claim for unjustified dismissal upheld by the Employment Relations Authority.

The employee had a series of complaints made against him from customers, and other staff members, regarding alleged inappropriate, sexualised, behaviour. The employee was also accused of using the store’s outdoor garden area as a place to pick up women.

The ERA held that the process the employer used to dismiss the employee was procedurally wrong. The employer failed to act as a fair and reasonable employer would have in the circumstances, as the employer did not advise the employee of any potential consequences arising from the complaints which may have affected his employment, nor did they properly investigate the complaints.

The ERA awarded over $5,500 for lost wages plus $3,300 compensation for humiliation, loss of dignity, and injury to feelings.