In a recent case in the Employment Relation Authority, an employer was found to have unjustifiably dismissed an employee after a work incident. The employee in question had a verbal altercation with a colleague during a shift, the argument was heated and resulted in the supervisor sending the employee home. The employee mistakenly believed that she had been dismissed.
The Authority member who heard the case outlined in her judgement that the onus was on the company to contact the employee after this incident. The employer was ordered to pay the employee 3 months lost wages and hurt and humiliation compensation of $7,000 reduced by 50% for the employee’s contribution.
So, how can you get it right?
Don’t assume that an employee that doesn’t come to work has resigned and never suggest resignation to an employee in any circumstances.
If you have any questions, or need advice, give us a call we would love to help.
Managing people can be tough, especially when you have employees on work visas. There are many different types of visas and it can be hard to know whether or not someone can legally work for you. With the government’s latest update to the penalties for breaching visa conditions it is even more risky! [Click here to see the Ministry of Business, Innovation and Employment's advice]. Here are some basic guidelines that everyone should know:
Tarryn has worked in HR for over 14 years and loves to solve problems. She is a self professed employment relations junkie! She lives in Auckland with her dedicated husband, tireless toddler and three special needs cats.