Stubborn and arrogant employee with chequered disciplinary record dismissed … costs employer $8,000 …

In a recent Employment Relations Authority decision, the Authority considered whether the dismissal of an employee was ‘justified’.  It was alleged that employee who was dismissed had:

• Refused to attend to clients;
• Complaints from clients and co-workers about her arrogant behaviour and bad breath;
• A series of verbal and written warnings; and
• Asked her employer “why don’t you fire me then?”

At face value one would think that the employer was therefore ‘justified’ in terminating the employee’s employment.  However ‘justification’ is defined as what a fair and reasonable employer could have decided in the circumstances.

The Authority found that the employer had options available to him to manage the employee’s conduct that would have been more appropriate in the circumstances than what occurred.  The Authority observed that, although the employer had limited resources in regard to managing employment issues, he could have:

• Taken steps to suspend the employee on pay while he sought advice on the appropriate action; or
• Waited until the following day to warn her of the contemplated action and allow her to seek professional advice; and
• Had a formal meeting with the employee where she had the opportunity to respond to the employer’s concerns; before
• Considering the employee’s response and deciding on the most appropriate outcome (which could have been dismissal).

As none of these steps were taken the dismissal was found to be unjustifiable and the employer was ordered to pay the employee over $8,000.

Whether a dismissal is ‘justifiable’ depends on all of the circumstances.  Before you make important decisions in your business it pays to seek advice on the possible consequences of those decisions.  A small investment in the short-term may save you substantial sums in the long-term.