Company failed to properly consider worker's verbal responses before termination
The Employment Relations Authority (ERA) recently dealt with a claim of unjustified dismissal involving an IT consultant who was terminated for failing to complete mandatory online training modules.
The worker argued he was unjustifiably dismissed when the technology company failed to properly consider his verbal concerns during disciplinary meetings before terminating his employment.
He claimed the dismissal process was flawed and that he should not have been required to complete the annual training outside work hours without payment.
Meanwhile, the company argued it had followed reasonable processes and given adequate opportunities for compliance with mandatory training requirements.
The worker was employed as a senior consultant by the global technology company from September 2020, working on-site at a client's premises while reporting to his company manager.
The company operated in 56 countries with over 300,000 employees worldwide, including around 200 staff based in New Zealand.
All company staff at all levels, including the chief executive officer, were required to complete an annual online module called the Smart Awareness Quiz (SAQ).
The quiz was a multi-choice questionnaire designed to ensure staff awareness and compliance with various business policies, including information security, data privacy, intellectual property, business...
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