THE Employment Relations Court has upheld an Employment Relations Tribunal decision that held the dismissal of a former Biscuit Company Pte Ltd employee was unlawful and unjustified, finding that his conduct fell well short of gross misconduct and did not justify summary dismissal.
Justice Dane Tuiqereqere dismissed the company’s appeal last week against an Employment Relations Tribunal decision awarding Rakesh Chand compensation equivalent to six months’ wages and $1000 in costs.
Mr Chand, who had worked for the company for 26 years, was summarily dismissed in December 2020 after an internal investigation into seven allegations.
The tribunal found only one allegation that Mr Chand had verbally abused other employees was established.
Justice Tuiqereqere agreed, finding the conduct did not amount to gross misconduct and that counselling and a warning would have been sufficient.
The judge said the company’s internal committee had recommended a final warning, noting Mr Chand’s 27 years of service, as well as relocation or demotion. He described the recommendation as reasonable and proportionate.
Justice Tuiqereqere also found there were problems with the company relying on Mr Chand’s previous disciplinary record, noting it involved only two incidents over his long period of service.
The appeal was dismissed, with the company ordered to pay Mr Chand $2500 in costs. The tribunal’s award of six months’ wages and $1000 costs was also upheld.
