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Monday, June 9, 2025

Employee denied interim reinstatement by ERA - HRD America

An employee terminated for allegedly destroying records

The Employment Relations Authority (ERA) has declined an application for interim reinstatement from a employee who was dismissed over allegations of destroying official records.

The employee was terminated in March 2025 for serious misconduct after his employer discovered he had performed a factory reset on his work laptop.

The termination followed an extended period of workplace tension. In early 2024, the employer began investigating the worker for allegedly using work time and resources to promote his private business.

The employer also raised concerns about the unauthorised use of work materials in his personal design portfolio and inconsistencies in his disclosure about external business interests.

Matters escalated in March 2024 when the employee went on sick leave and subsequently reset his work laptop before taking planned annual leave. Days later, he was arrested and charged with obtaining by deception. The device was returned to the employer by police in August, but all its data had been wiped.

Seeking reinstatement

The worker challenged the dismissal and sought interim reinstatement while awaiting a full hearing, which is set for later this month.

In his submission, the employee argued that the reset was a personal security measure, not an attempt to destroy evidence. He also pointed out that he is the sole income earner in his household while facing significant costs in defending himself against the...



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