An employee who worked as a sales executive has made a personal grievance claim for unjustified disadvantage and unjustified dismissal. The employee also seeks wage arrears.

The employee was dismissed after his employer accused him of competing against him at work, and for breaching company policy by dishonestly gifting products to his friends. The employer also noted that the employee had failed to turn up to work and was using a company vehicle for personal errands.

The Employment Relations Authority held that the employee’s unjustified disadvantage claim could not proceed as he did not raise the personal grievance regarding sexual and racial harassment with his employer within the 90 day time period.

The employee’s claim for unjustified dismissal will be dealt with at a later date.

The ERA upheld the employee’s claim for wage arrears. The ERA found that the employer accepted that the employee had not been paid wages for one month during his employment.

The ERA awarded $3,300 for wages owed, $1,800 for commission and $5,100 for other payments owed.