A recent Employment Relations Authority decision has found an employee’s dismissal substantively justified following a personal grievance claim, but the procedure followed was unfair and the dismissal therefore unjustified.

The employer fired the employee on the basis of a failure to obey a direct instruction not to enter a part of the workplace.  This particular allegation was not put to the employee as part of the allegations raised.  If it had been, then this would have been serious misconduct and the dismissal justified.  The damages were reduced by 50% because of the employee’s contribution to the situation.

Damages were reduced by a further 50% for other serious misconduct that only came to light after the original dismissal.

If you need help dealing with disciplinary issues give me a call on (04) 473 6850.