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Poor disciplinary process results in constructive dismissal…

An employee has won her personal grievance claim for constructive dismissal.  The employee was subjected to a disciplinary investigation following an incident at work.

During the investigation other staff came forward alleging similar prior incidents, but these were never put to the employee.  The Employment Relations Authority held that the failure to properly investigate the other incidents, while relying on them in the present investigation, was unfair and no warning should have been given to the employee.

The ERA also held that it was unfair to require the employee to work with the employee who had complained, as this was not a safe situation to put her in.  This led to the employee’s resignation and it was held that this amounted to a constructive dismissal. The employer was ordered to pay two months lost wages and $10,000 compensation.

If you need help getting the disciplinary process right please call me on (04) 473 6850.