A recent claim for a personal grievance for unjustified dismissal has seen the unusual outcome of the dismissal being held to be wrong but the Employment Relations Authority awarding no lost wages or damages.

The driver was spotted by his employer parked up a long way off his route.  He claimed to have got lost but was not believed.  A dispute arose on the side of the road and the employer attempted to take the truck keys but was blocked by the driver.  He was fired on the spot.

The ERA held that the dismissal was unjustified because the allegations of serious misconduct had not been put to the driver and he was given no opportunity for a support person or to respond.  The firing was done in the heat of the moment.

The ERA did not award any lost wages as the employee failed to show that he had attempted to get other work.  No damages were awarded as the ERA found the driver to be “immune to humiliation”, and even if that was not correct his actions meant any damages would be reduced to nil.

If you need assistance with a disciplinary process give me a call on (04) 473 6850.