Employee disputes casual employment arrangement claiming permanent terms were agreed
The Employment Relations Authority (ERA) recently dealt with a personal grievance claim involving a qualified roofer who disputed the nature of his employment arrangement and claimed unjustified disadvantage when he was suspended and later dismissed from his position.
The worker argued that he had been offered permanent employment with guaranteed hours, company vehicle and fuel card, but was treated as a casual employee without proper consultation when work was withheld.
He also claimed his employer breached employment law by failing to provide a written employment agreement despite repeated requests.
The case centred on whether the employment relationship was casual or permanent, with both parties having completely different recollections of their initial verbal agreement.
The worker was a qualified roofer who left his previous employment on 21 December 2023 due to an altercation with another employee.
The following day, the director of a roofing company phoned the worker, aware of the altercation, and offered him work starting on 15 January 2024.
The parties had completely different recollections of this crucial phone conversation. The worker said he accepted work based on the call and was verbally offered work "on the same terms as his previous role."
His previous role was permanent, 35-40 hours per week, 7:30am to 3:30/4:30pm with a...
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