How an employer's failure to follow basic procedures led to hefty penalties
16 Apr 2025
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The Employment Relations Authority (ERA) recently dealt with a case where a worker claimed he was unfairly dismissed without proper process and denied his basic employment entitlements.
After years of employment, he was suddenly terminated via email for allegedly not showing up to work, despite having been told there was no work available.
The worker argued that he had never been involved in any disciplinary procedure, was never provided with a written employment agreement despite multiple requests, and was owed unpaid wages and holiday pay. When he tried to resolve these issues directly with the company, his calls were ignored and he was rudely dismissed.
Alleged unfair dismissal process
The worker began employment with the freight services company in 2021 but was never provided with a written employment agreement despite requesting one at least four times. Each time, the company director would tell him that he was finalising the details and that the agreement would be available soon.
The worker's job involved unloading shipping containers, working Monday to Friday starting at 7:30 am, with occasional Saturday work. The site manager would text him the night before each shift with details about the following day's work location. By the end of his employment, he was receiving $25 per hour.
On 15 November 2022, the site manager approached the worker and his sons at the worksite,...
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