The Employment Relations Authority has dismissed a personal grievance for unjustified dismissal by a security guard.

The guard had set up a company and wrote to potential clients (including a current client of the employer) offering security services.

The employer was alerted by the client and carried out a disciplinary investigation.

The ERA held that the guard was acting in competition and there was no consent from the employer.  The ERA also found that the employer fairly raised the allegations and gave the employee an opportunity to answer them.  The responses were taken into account and a reasonable employer could dismiss for competing with the employer.