An employee received compensation after being told to leave work by her employer, leading to a personal grievance claim for unjustified dismissal. This case was brought before the Employment Relations Authority (ERA).

The employee initially started in her intended position but was soon asked to fill in for a colleague in a different role. After a week, she inquired about returning to her original position. The employer informed her that the position she had interviewed for was no longer available and suggested that if she did not want to stay in the alternative role, she could leave.

Claim and Investigation

The employee sought compensation for hurt, humiliation, and reimbursement for lost wages following her dismissal. The ERA examined whether the employer’s actions aligned with what a fair and reasonable employer would have done under similar circumstances.

Findings

Key issues included:

– Verbal Agreement Discrepancies: The parties had differing accounts of the agreed terms, exacerbated by the lack of a written employment agreement.

– Employment Agreement Delay: Despite multiple requests, the employee did not receive her employment agreement until the matter was addressed by the ERA.

– Visa Requirements: The employee needed a ‘customer-facing’ role for her visa, and the ERA found her attempts to secure such work after dismissal credible.

The ERA concluded that the employer’s actions did not meet the standards of a fair and reasonable employer. The employer failed to follow proper procedures, including providing the employment agreement and supporting the employee adequately.

Compensation

The employee was awarded lost wages and $10,000 in compensation. The ERA emphasized that providing an employment agreement detailing the position, job title, agreed wages, and hours could have prevented the situation.

Employer Takeaway

Employers must clarify terms of employment to avoid future confusion and potential disputes. Providing a comprehensive employment agreement is crucial.

Seeking Legal Advice

If you’re facing employment issues, consulting with experienced legal professionals is essential. Leading law firms offer fixed-price Initial Consultations to help clients understand their options quickly and cost-effectively.