ERA finds employer followed no process despite performance concerns never formalised

A workforce specialist working at a client's construction site in Napier claims he was unjustifiably dismissed via text message after failing to properly request leave through his employer.

The employer denies unjustified dismissal, claiming the worker breached his employment agreement by failing to request or report leave as required and by poor communication throughout his employment.

The worker seeks compensation for the sudden dismissal and payment for the contractual notice period he did not work. The employer raised performance concerns from the client and other employees, but never formalised these complaints through a disciplinary process before the dismissal occurred.

Employment arrangement and work structure

The employer is a labour supply company providing staff who work in various industries, including construction, logistics, infrastructure, landscaping and demolition. The general manager said the employer was a new business with approximately nine employees at the time the worker was employed.

The worker said he was approached by the HR Manager of the employer with whom he had previously worked, who asked if he was interested in joining his team. The worker was working as a carpenter on a casual basis at the time, so he accepted the offer.

The worker was emailed an individual employment agreement, which he read, signed and returned. The terms included that he was engaged as a...

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