By Lynda Mathieson

An Employee breach

It is not often we hear of an Employee having costs awarded against them by the Employment Relations Authority (ERA).

In a recent case, employment was terminated for serious misconduct, following a breach of Employer policy on gifting and sensitive expenditure.

A correct, fair and thorough process

The ERA found that the Employer had acted fair and reasonable within the circumstances.

The ERA agreed that the Employee had:

  • received full information about the allegations
  • been provided with an opportunity for representation
  • been given the opportunity to respond to allegations

Intervals were taken throughout the disciplinary meetings for the Employer to consider the Employee’s explanations, and to continue further enquiry.

It was made clear to the Employee regards the seriousness of the investigation, and that it could lead to his dismissal.

The Employee was advised by the Employer of the preliminary findings and of the proposal to terminate employment.

The Employee was given a chance to consider the final proposal, and an opportunity to comment on it.

The result

The ERA upheld that the Employee’s dismissal was justified and the process followed by the Employer was thorough and fair.

Taking a personal grievance claim to the ERA incurred costs for the Employer, and the ERA  ordered the Employee to pay $4,500 toward the Employer’s costs.

It is often perceived that Employees are favoured by the ERA.

Follow a correct, fair and thorough process from the outset and in doing so, you can mitigate the costs of a personal grievance claim.

To ensure you follow a correct, fair and thorough process, feel welcome to contact Lynda Mathieson on 027 554 4747 or at  lynda.mathieson@myca.co.nz

Mathieson Chartered Accountants Ltd
“tax and Xero connected business advisers”
www.myca.co.nz