Once again the Employment Relations Authority has ordered payment of lost wages ($4,500) and compensation ($4,000) over the poor process followed by an employer in a disciplinary investigation.

Amazingly the whole process started with an allegation of the theft of one black jellybean by the employee. 

The employee responded with counter allegations, and so the employer called in a “mediator” to help sort matters out.  However, the mediator was actually an acquaintance of the manager, and a friend of another supervisor.  The mediator gave the employee three oral warnings during the meeting and then a pre-prepared written warning.

Not surprisingly the ERA held that the actions of the employer and “mediator” were not reasonable.  The original theft allegation was lost in the poor process that followed.

We are regularly told by employers that getting the disciplinary process right causes them real nightmares.  If you are losing sleep over this or any other employment issue give Alan Knowsley a call.