Court rules marketing hire was given insufficient orientation and time to demonstrate her skill
The Employment Court has shot down a company’s appeal over its unjustified dismissal of a worker just three days after her commencement. The company contended that the Employment Relations Authority erred in its decision. However, on appeal, the Employment Court struck out the company’s claims, finding the employee was entitled to the remedy set by the authority.
The case concerned an employee hired as a marketing, sales and production coordinator with a manufacturer in Christchurch. On her first day of work, the employee was asked to assist with a presentation for a visiting Chinese delegation. Later that afternoon, the general manager advised the employee that the visit had been postponed, and the employee was assigned a new task to redesign the company’s website. When she asked for briefing materials to assist her, the manager told her to research other companies and “adapt that content”.
The next morning, the employee was advised that her work was “basic” and that she had until the end of the day to produce more acceptable content. That afternoon, she was told that the company was still unhappy with her work, and she was “not needed any further”. One hour later, the employee received a termination email advising she would be paid in place of the required three days’ notice.
At first, the Employment Relations Authority found that the company unjustifiably dismissed the...
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