The Employment Relations Authority has upheld a personal grievance claim for unjustified dismissal. The employee was injured at work but was ordered by his boss to keep working.  When he refused he was told, “F… off you’re fired”.  He was told to hand over his keys and was left at the job site with no transport back to the workplace.

When he contacted his employer to ask for his final pay he was told he had abandoned his employment and the employer was going to come to his house and beat him up.

The ERA confirmed that he had been fired, had not abandoned his employment, and a threat of a beating would have been a constructive dismissal if he had not already been fired.

The ERA awarded all lost wages plus $5,000 compensation.

If you need help dealing with workplace injuries, disciplinary processes or an unjustified dismissal please give me a call on (04) 473 6850.