An employee who worked as an accounts manager and was made redundant has had her personal grievance claim for unjustified dismissal upheld by the Employment Relations Authority.

The ERA said that the employer should have discussed, and put in writing, the position of the company and advised the employee that he was considering disestablishing her role.

The ERA also noted that the employer should have invited the employee to attend a meeting at which she could have had a support person present, and should have provided the employee with information, and an opportunity to make suggestions to improve the financial position of the company so as to avoid her dismissal. The employer should then have given genuine consideration to those suggestions before making a decision.

The ERA held that although the employer’s decision to disestablish the employee’s role was justified, the process they followed was flawed.

Lost wages of just over $2,900 plus compensation of $7,000 were awarded.