ERA finds worker's dismissal to be related to his 'personal friendships' with other colleagues

An Auckland commercial painting contractor has been ordered to pay more than $30,000 it unjustifiably dismissed a Brazilian worker over his personal friendships with colleagues, following a pattern of threats designed to exploit his visa-dependent status.

The Employment Relations Authority (ERA) ruled this month that the company had failed to meet either the procedural or substantive requirements for a justified dismissal.

The worker, a painter's assistant, began working for the company in August 2023 on a visitor visa before being granted an Accredited Employer Work Visa in November that year.

From early in his employment, the worker alleged that the company's director made repeated threats of dismissal and used his visa status as leverage over him and his colleagues.

During a job in late 2023, the director allegedly told workers their failure to clean up was "unacceptable," that they "did not know how to be grateful for the opportunity to work in New Zealand with a work visa." He also warned that he may keep only two or even one of them.

The situation came to a head in May 2024, when the worker and two colleagues were called into a meeting lasting approximately six minutes and told their employment was ending.

No prior warning of the meeting was given, and no opportunity to bring a support person was provided. A dismissal notice followed by email the same afternoon.

Days later,...

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