Employment Law Update: Duty to Act Fairly and Reasonably in Any Disciplinary Process
A recent decision from the Employment Relations Authority (ERA) emphasised substance does not override process. Even where an employee has acted unlawfully, this will not absolve the employer of the obligation to act fairly and reasonably in any disciplinary process that may follow.In the decision of Curnow v Advanced Security Group (Sth Is) Limited [2022] NZERA 359, an employee of Advanced Security Group admitted to covertly recording employees in the workplace and was dismissed as a result.The employee raised a ...