Expired Warning Justify Dismissal
The Employment Relations Authority said an expired final written warning was part of the circumstances that an employer was entitl…
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The barrier to challenging Authority determinations on procedure (section 179(5) of the Employment Relations Act 2000) continues to present problems. Notwithstanding the Act’s objective of allowing the Authority a clear run in its investigations unimpeded by challenges, there is no avoiding the fact that “procedural” is not synonymous with “minor” or “technical”. Nowhere is this more stark than on occasions in which the Authority has declined to make a non-publication order (of names and/or details). As Judge Inglis noted recently in H v A Limited “[t]he horse will have well and truly bolted” in terms of the damage done to parties and also affected non-parties if such a decision goes unchallenged until the Authority has completely finished its investigation.