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I forgot to mention that while I nodded off to sleep in

Hi Chris. I forgot to...
Hi Chris. I forgot to mention that while I nodded off to sleep in night shift, a colleague took a video of me and gave to HR. Today I have been given a termination letter.
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Answered in 8 minutes by:
9/17/2017
Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,774
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Have you been given warnings about this? Was there a meeting to explain the termination?
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Customer reply replied 10 months ago
one warning letter and today termination letter
Customer reply replied 10 months ago
There was a meeting before the termination letter but I said I chose to resign
Customer reply replied 10 months ago
The meeting was this morning

Was your choice of resignation before the termination letter? Was the termination based on your resignation, or on the morning and being caught sleeping?

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Customer reply replied 10 months ago
Being caught on sleeping was the reason for the termination letter
Customer reply replied 10 months ago
They were firing me so I chose to resign

That may be grounds for dismissal, but they should have had a meeting with you to discuss this before they gave you the letter. So you could possibly claim a personal grievance based on bad procedure, although the dismissal might be justified

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Customer reply replied 10 months ago
There was no meeting or so before they decided to terminate

It is a well established requirement to have a meeting for the termination. They may have been entitled to fire you, but procedure requires a meeting at which you could give an explanation, and have an opportunity to be heard. So you could claim a personal grievance based on bad procedure, although if they were entitled to fire you, you won't get much in the way of damages

Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,774
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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