Recruitment agency claims no process needed for casual staff, ERA disagrees
29 May 2025
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The Employment Relations Authority (ERA) recently dealt with a case involving the summary dismissal of a casual worker employed through a recruitment agency.
The worker had been placed with a client company for nearly seven months before receiving an unexpected email terminating his employment with immediate effect, citing serious misconduct including threatening behaviour and dishonesty.
The worker challenged the dismissal, arguing that proper procedures had not been followed and that the allegations against him were unfounded.
He maintained that despite being classified as casual, he had worked regular hours and deserved fair treatment in any disciplinary process. The recruitment agency defended its actions by claiming that as a casual worker, no formal dismissal process was required and they were entitled to end the engagement without due process.
The worker began employment with the recruitment agency in June 2023 as a labourer and forklift driver. Initially undertaking casual labouring work at a food distribution centre, he was offered a position at a transnational logistics company through the recruitment agency. The worker understood this arrangement to be a trial period for three months, after which permanent employment might follow.
The employment relationship started on 16 June 2023 and continued until 4 January 2024....
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