An employee’s personal grievance for unjustified dismissal has been upheld by the Employment Relations Authority.

The employer received two letters of complaint, which it raised with the employee, but refused initially to hand copies over to her when requested.  It then also investigated further complaints but, when she requested details, it refused saying “she had enough information already”.

The ERA found that the failure to provide the requested information meant the employee did not have a fair opportunity to know what the complaints were or to respond fully to them.

In addition the ERA held that the allegations could not have justified a dismissal at all.  They were performance issues and should have been dealt with by a performance management process.

Over $17,000 wages and compensation were awarded.