The Employment Relations Court has awarded six months’ wages in compensation to former Human Resources Manager at Ministry of Waterways & Environment after finding that the disciplinary process leading to her dismissal was unfair, despite upholding the decision to summarily terminate her employment.
Renu Chand, who was dismissed in December 2019, had appealed a 2022 ruling by the Employment Relations Tribunal that supported her dismissal but awarded only two months’ pay for procedural breaches.
Justice Dane Tuiqereqere, delivering judgment on September 10, 2025, found that while the summary dismissal was justified due to gross misconduct, particularly the leaking of interview questions to a job applicant, the Ministry failed to follow proper procedures outlined in the Civil Service Discipline Guidelines.
“The appellant is entitled to an uplift in compensation for the unfair termination to six months’ wages,” Justice Tuiqereqere ruled, setting aside the Tribunal’s initial award.
The court heard that Ms Chand had provided handwritten interview questions to a preferred candidate for a driver’s position and misled colleagues by claiming she had instructions from the Permanent Secretary to conduct religiously insensitive practices at the office.
While the Tribunal found the allegations substantiated and serious enough to warrant summary dismissal, it also noted that the investigative panel lacked the required training and gender balance.
Furthermore, the Permanent Secretary’s direct involvement in the investigation process breached the principles of natural justice and fair procedure.
Justice Tuiqereqere agreed, stating that the investigation was “inappropriate and unfair,” citing in particular the public nature of questioning Ms Chand in front of her colleagues.
Despite confirming that the dismissal was warranted, the court recognised the procedural failings and ordered the Ministry to pay six months’ wages and $2,000 in costs within 30 days.
