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Question Details: I referred to a customer as a b***h and she heard me, while in front of my boss and I am already on my final warning. The house rules of my workplace is that all staff and customers must be treated with respect. I have worked there for almost a year. Can I be dismissed for this?
Filed under Employment Law | 1322 View(s)
Community Law Wellington & Hutt Valley
You could be instantly dismissed if this is a ground of serious misconduct in your employment agreement. If it is not listed in your contract as a ground for immediate dismissal, your employment agreement is likely to state that this counts as misconduct. In either case, your employer will need to investigate and make a finding on your conduct. As part of the investigation process, your employer should provide you with the opportunity to explain your side of the story. They should let you have a support person at any meetings, and they should give you time to get legal advice before any meetings. If your employer finds that the incident was misconduct (but not serious misconduct), you may be dismissed if you have received your final warning, or your employer may take other disciplinary action against you. Click here to see more information about misconduct, on the Ministry of Business, Innovation and Employment’s website: www.dol.govt.nz.
Answered 24 Feb 2013. The IMPORTANT NOTICE below is part of this answer.
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