ERA finds phone termination unjustified after the company failed to follow fair procedures
The Employment Relations Authority (ERA) found that a worker was unjustifiably dismissed when his employer terminated him during a phone call, with the Authority ruling that the company's subsequent attempt to withdraw the dismissal came too late without the worker's consent.
The worker claimed he was dismissed and disadvantaged during his three-month employment, including allegations of deportation threats and denial of rest breaks.
The company denied that the dismissal occurred and argued that the worker voluntarily abandoned his job by not returning to work.
The worker commenced employment at a civil engineering company in October 2022, following a meeting with the company director in Fiji to discuss the opportunity to work in New Zealand as a heavy machinery operator.
They discussed work arrangements, including duties, hours, and accommodation, before the worker agreed to take the position.
The company operated from a yard where equipment and vehicles were kept overnight.
Workers typically started their day at the yard to collect equipment before traveling to various work sites, though those with personal transport could go directly to job sites. Workers without transport could carpool from the yard using company vehicles.
The worker reported to a supervisor daily and maintained regular contact with the company director, who...
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