Assisted by Laure-Elise Kenworthy
It should go without saying that an employer must have a
legitimate and valid reason to terminate an employee and must
follow a procedurally fair process before such a decision is
made.
An employer cannot merely exit an employee who has made a
complaint or enquiry about their employment because an
investigation process would be too difficult to conduct (from a
time and cost perspective) or they don't believe what the
employee is alleging is true. If an employer throws a legitimate
employee grievance or a complaint into the "too hard
basket" and sacks the employee anyway, the legal exposure can
be huge!
In
Roohizadegan v TechnologyOne Limited [2020] the Court
has awarded a former Senior Manager of company, TechnologyOne, over
$5.2 million in compensation after he was unlawfully dismissed.