Employee awarded compensation after dismissal after lie about new workplace…

An employee was working out their notice period after handing in their resignation.  Their employer queried where the employee was going to get further employment.  The employee lied about his new employer.

When the employer found out, it considered that the employee could no longer be trusted and allocated the employee’s remaining shifts to other employees. 

An exchange occurred between the employer and employee where the employee was called a liar.  The employer then threatened that he would tell the employee’s new employer.

The Employment Relations Authority found that the employee had been unjustifiably dismissed.  The employer had not undertaken any disciplinary action against the employee.  The employer was ordered to pay over $3,000 as follows:

• Compensation for hurt, humiliation and injury to feelings;

• A penalty as a result of not producing wage and time records upon request;

• The ERA filing fee; and

• A contribution towards the employee’s legal costs.

Had the employer followed proper process where there were concerns about the employee’s behaviour, it would have avoided ERA proceedings. 

In any event, the employee had already resigned and was working out his notice period.  It was not long until the employee would have ceased work for the employer. 

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