The Employment Relations Authority has dismissed a personal grievance claim for unjustified dismissal.  The employee was repeatedly told to wear his safety equipment but continually refused and became abusive and threatening towards his employer.

The employee was suspended and given notice of a disciplinary meeting.  After the meeting he was dismissed for serious misconduct in relation to the failure to wear the safety equipment and the abusive and threatening language.

The ERA held that the failures to follow the reasonable and lawful instructions to wear the safety equipment justified his dismissal, as did the abusive and threatening language.

The ERA said that the employer should have warned the employee that a dismissal was a possibility but in the circumstances the employee already knew that.

The ERA also said that even if the employee had been successful in his claim that it would have reduced any remedies by 100% because of his misconduct.