ERA finds company used misconduct allegations as pretext for terminations
The Employment Relations Authority (ERA) found that two farm workers were unjustifiably dismissed when their employer used alleged misconduct as a pretext to terminate their employment, with the Authority determining that the dismissals were motivated by ulterior purposes rather than genuine disciplinary concerns.
The workers claimed they were dismissed for serious misconduct involving the use of profane language, while the farm company argued that their conduct justified summary dismissal under the employment agreement's provisions.
The ERA found the employer had predetermined the outcome and was seeking to exit both employees before the end of the farming season.
The farm manager and farm worker signed individual employment agreements in April 2022 and commenced work on a family farm in May and June 2022, respectively.
Their employment agreements contained misconduct provisions including "any rude, abusive, violent, threatening or seriously inappropriate conduct, including bullying towards other employees or towards customers; or employers."
The ERA found that communication issues existed throughout the employment relationship, with all parties using profane language at various times.
The workers had indicated in September 2022 that they would seek alternative employment if working hours did not change, and the company director became concerned about...
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