EPMU member wins $5000 for unjustified warning

The EPMU has welcomed an Employment Relations Authority decision to grant member Emily Gray $5000 in compensation from her employer for wrongfully issuing her with a final written warning.

Ms Gray's employer, Land Transport New Zealand, had an allegation accusing her of inappropriately accessing personal information about licensed drivers following an unsubstantiated public complaint, and initially threatened her with dismissal.

EPMU organiser Laurel Reid began investigating the situation and soon discovered there was no evidence to back up the allegations.

"When we started looking into it we found the manager was threatening Emily with the sack over a completely unsubstantiated complaint.

"We asked LTNZ for evidence that Emily had in fact accessed the file and they came back with nothing. The company can track who has accessed these files and when, and yet there's simply no record of her ever doing so."

The company responded to the union's investigation by dropping the threat of dismissal and issuing a final written warning.

"That's still not good enough," says Laurel Reid, "it's a basic matter of justice that no one should be punished unless it's been demonstrated that they've actually done something wrong."

The Employment Relations Authority found that LTNZ had taken the initial complaint at face value, that it had not inquired into the long-standing and strained relationship between Ms Gray and the complainant and that the company did not inquire about a motive.

Authority member Denis Asher found in his decision that "it would have been proper, rational, fair and reasonable to have done so."

Laurel Reid says the large payment reflects the distress Emily felt at being assumed guilty by LTNZ despite a complete absence of witnesses or computer corroboration.

"This shows how important it is for employers to understand that an employment investigation must be thorough, objective and fair both in its process and in its conclusion."

Emily Gray retains her job.