Forged signature on employment agreement...

The Employment Relations Authority has upheld a personal grievance for unjustified dismissal and unpaid wages from an employee who was dismissed under a 90 day trial period. 

The employer claimed that the Employment Agreement with the employee contained a 90 day trial period clause and that the employee was dismissed under that clause.  If that was true there would be a prohibition on the employee bringing a claim for unjustified dismissal.  However, the employee denied ever having signed an Employment Agreement and produced evidence to show that the signature on the agreement did not match their signatures on other documents such as their Driver’s Licence.  The Employment Relations Authority found that the signature on the document was not that of the employee and that the agreement had therefore not been signed by the employee and could not be relied upon by the employer to enforce the 90 day trial period.  As a result of the 90 day trial period not being valid there was no proper process for the dismissal and the employer was ordered to pay lost wages and compensation to the employee.  The compensation ordered was $8,000 for the hurt and humiliation and $3,500 lost wages plus 8% holiday pay.

The employer was also fined for failing to pay wages on time.  The employer was ordered to pay legal costs.

Alan Knowsley

Employment Lawyer Wellington