An employee working as a barista
was dismissed over the telephone after calling in sick. The employer argued
that the dismissal was justified as it was in accordance with the statutory 90-day
trial period set out in her employment agreement.
The Employment Relations
Authority upheld the employee’s personal grievance claim for unjustified
dismissal. The employee commenced her employment approximately a week and a
half before receiving and signing her contract. The ERA held that she was
already an existing employee, and therefore the trial period did not apply.
The ERA found that the employer
failed to act as a fair and reasonable employer could in the circumstances, by
failing to advise the employee that her employment was in jeopardy due to her
slack timekeeping and attendance. Thus the employee was never given the
opportunity to explain her conduct.
The ERA awarded $8,840 in lost wages,
and $1,500 compensation for humiliation, loss of dignity and injury to feelings.
The ERA also ordered the employer to pay a penalty of $500 to the employee for
the non-provision of accurate payroll records.
It is crucial that employers
provide prospective employees with individual employment agreements before they start work, or they
risk paying reparation!
Alan Knowsley
Employment Lawyer Wellington
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