No proper process followed when terminating worker before Christmas
22 Apr 2025
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The Employment Relations Authority (ERA) recently dealt with a case involving a worker who claimed he was unfairly dismissed just before Christmas. The worker had been employed for approximately six months before receiving a termination letter with immediate effect.
The worker argued that his dismissal was both procedurally and substantively unjustified. He claimed he was terminated without being given a proper opportunity to respond to allegations, and that his employer failed to follow basic employment law requirements during the disciplinary process.
At stake was compensation for lost wages and hurt feelings, along with the significant impact on the worker who found himself without income during the holiday season. The worker also had to vacate his employment-provided accommodation just days after receiving the termination letter.
The case centred on a farm worker who started employment with a sharemilking partnership on 1 June 2022, with his employment ending on 17 December 2022. The sharemilking partnership operated on a farm they did not own, and the worker's terms were recorded in a Federated Farmers individual employment agreement.
Evidence showed the worker was aware that one employer had issues with the farm owner. However, the worker had made it clear he did not wish to become involved in these external disputes.
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