Employer failed to follow proper procedures before termination, says worker
The Employment Relations Authority (ERA) recently dealt with a personal grievance claim involving a worker who claimed he was unjustifiably dismissed on the day he was supposed to start working at a company after a migraine prevented him from attending his first day.
The worker argued that he had been properly employed by the company following a trial day, interview process, and job offer, which he had accepted.
He claimed that when illness prevented him from attending work on his scheduled start date, the company dismissed him by text message without following proper procedures or giving him an opportunity to explain his absence.
The case raised important questions about when employment relationships are formed, the authority of company representatives to make job offers, and what constitutes proper dismissal procedures.
The worker, an engineer by trade, saw a job advertised for a permanent full-time window installer at a small aluminium window fabrication company.
Rather than applying through the job website, he contacted the company directly and spoke to the sole director and general manager, emailing his CV and references, including one from his current employer.
The director and worker arranged to meet in person at the factory on 3 March 2023 after work hours.
This initial meeting was fairly casual and took place over a beer, with discussions about...
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