ERA finds graduate who relocated for law firm job was unjustifiably dismissed after $1,200 exit
A law firm has been ordered to pay more than $20,000 to a law graduate after the Employment Relations Authority (ERA) ruled that he had been unjustifiably dismissed, rejecting the firm's claim that he was never its employee.
The graduate, who holds a BA/LLB, applied in early 2025 for a role that the firm advertised on Student Job Search. The role offered $24 an hour for 30 to 40 hours of work a week.
After several meetings with the firm's sole director, the graduate turned down an offer from another law firm and moved from Hamilton to Auckland.
On 1 April 2025, the director emailed the graduate: "We are pleased to offer you employment … Your employment will commence on Monday the 7th of April 2025." The firm's office manager also requested the graduate's bank account details "for salary purposes" and a completed tax form.
The graduate began attending the office on 7 April but did not receive an employment agreement until his third day. According to the determination, the director told him that employees at the firm typically volunteered for three to four weeks.
The draft agreement listed a later start date, an administrative role and no guaranteed hours. Its pay rate also fell below the minimum wage once employer KiwiSaver contributions were deducted from his pay.
When the graduate raised these concerns on 10 April, the director refused his request for $30 an hour in light of...
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