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$27,000 compensation for unjustified dismissal.

Unjustified dismissalAugust 23, 2016

A South Canterbury couple who were found to have been unfairly dismissed by their employer, O’Neill Earthworks, have been awarded $27,000 in compensation.

The couple, Amanda and Aaron McNoe, were both dismissed in January 2015. Aaron had worked for O’Neill Earthworks as an Operation Manager for two years, whilst Amanda was an Administration Assistant for 13 weeks, having left her previous job for the role.

Amanda had been working from home in order to support her four children, when her husband came home and informed her that she no longer had a job. Their employer, Daniel O’Neill, had asked Aaron to tell his wife of her dismissal.

Amanda did not have a written record of her employment, was paid in cash, did not have an employment agreement and was not given any reason for her dismissal.

The day before Amanda’s dismissal, Aaron met with O’Neill and was told the company could not afford to continue paying his wife, and so she would have to go. Aaron was also encouraged to buy into the company himself, yet two days later, he was also dismissed. Aaron requested reasons for his and his wife’s terminations in an email to O’Neill, but did not receive a response.

The Employment Relations Authority ordered O’Neill Earthworks to pay Amanda and Aaron an overall sum of $27,344.24, following an authority investigation. Amanda was also rewarded unpaid wages, holiday pay, three months loss of earnings and compensations for the loss of dignity and humiliation.

If you are an employer and unsure of your obligations or the termination process, contact Employsure today on 0800 675 700. We can answer any questions you may have, and are available 24/7 to take your call.

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