ERA Determines Employee was Unjustifiably Dismissed by NZTR, Ordered to pay $80k
The Employment Relations Authority (ERA) has determined that a former employee of NZTR was unjustifiably dismissed. In the Authority’s determination, the unjustifiably dismissed employee was awarded $25,000 in compensation and $55,369.23 in lost wages. Buckettlaw is pleased to have assisted/represented the employee in winning their case.
The ERA determined the dismissal was unjustified because:
The decision-maker provided contradictory and inconsistent answers during the hearing regarding what the employee was dismissed for.
The complainant was never interviewed by the decision-maker, and more generally the decision-maker never heard from the complainant directly.
The decision-maker did not test the credibility and veracity of the complainant’s allegations with the complainant, including after disputes of fact arose.
The employer did not keep an open mind and conduct a balanced, impartial, and fair process.
The employee’s responses to the allegations, and in particular the defences she put forward, were not investigated by the employer in any meaningful way.
There were inconsistencies in the allegation regarding misuse of property and whether there was past practice to support the employee’s responses.
Some of the information the employer received was never provided to the employee during the process.
More generally, the inadequacies in the employer’s investigation were not minor and did result in the employee being treated unfairly.
The outcome of the employer’s process was a fait accompli (a predetermined outcome).
The decision to dismiss was not one a fair and reasonable employer could have come to in all the circumstances.
The Employment Relations Authority also determined the employee did not engage in contributory conduct.
If you would like to read the ERA’s full determination, please find it here.
If you believe you have been unfairly treated in your employment, we urge you to contact Buckettlaw right away. We offer a free 10-minute initial discussion to ascertain whether we can be of assistance, and whether you may have a case. If in doubt, give us a call; you could lose your chance to file a claim if you don't raise a personal grievance within 90 days of the unfair event, incident, and/or decision.
If you are an employer that believes an employee has breached their employment obligations, or the company has received notice of a personal grievance from a staff member, please do not hesitate to contact Buckettlaw.
