Neil Armstrong v Surplus Brokers Ltd [2019] NZERA 235 - Casual employment dismissal, penalties for no agreement

If a casual employee is unfairly dismissed by their employer during a period of casual engagement, the employee can bring an unjustified dismissal personal grievance. "Casual" does not mean "no rights".

Strict conditions must be met for an employer to pay an employee pay-as-you-go holiday pay in casual employment and fixed-term employment placements that exceed 12 months.

Qi Sun was employed by Keene Construction Limited as an apprentice builder. After he queried an unpaid $300 apprenticeship-cost payment, the company director texted that there was not going to be a company anymore and told him not to bother coming into work. The ERA found it was reasonable for Mr Sun to understand that he had been dismissed. Keene Construction provided no evidence, filed no reply, did not attend the investigation meeting, and did not justify the dismissal. The Authority awarded lost wages, compensation, wage and holiday pay arrears, and costs...

Duane April came to New Zealand on an accredited employer work visa to work for Coatrite Fire Limited as an industrial/intumescent spray painter. The ERA found he had been unjustifiably disadvantaged by underpayment at $35 rather than the agreed $38 per hour, unauthorised wage deductions, racialised comments, and an unjustified verbal warning. His later dismissal was also unjustified. The employer failed to provide sufficient information about the allegations, unfairly denied remote support from Mr April's father, relied on matters not properly investigated, and dismissed him after a meeting that had ended with an apparent understanding the employment relationship would continue. Coatrite was ordered to pay compensation, lost wages, arrears, interest and a $4,000 penalty, while most of its claimed set-off against Mr April was rejected...

Blue Hunt worked as a full-time farm assistant for Lance Wakelin. After a heated cowshed exchange, Mr Wakelin later texted that "the ship has sailed", that Mr Hunt's employment was over, and that he had two weeks to move out. The ERA found Mr Hunt was unjustifiably dismissed because no fair process was followed. The Authority also found minimum wage underpayment, unlawful accommodation deductions, no complete wage and time records, and employment-standards breaches. Mr Hunt was awarded compensation, lost wages, wage arrears, holiday pay, reimbursement of excessive lodging deductions, interest, and part of a penalty...

JIT Limited dismissed Sukhmanpreet Singh after an argument with a director about annual leave. The ERA found the employer had unlawfully pressured him to write an annual-leave request, then suspended him by cancelling shifts without proper process, and later dismissed him without a fair investigation or fair opportunity to answer the full allegations. A pushing allegation was not established. The Authority also found wage and public-holiday arrears, record-keeping failures, and Wages Protection Act breaches. After a 15 percent contribution reduction, JITL was ordered to pay $9,019.44 lost remuneration and $15,300 compensation, plus $5,176.80 arrears and interest, and penalties including $2,500 payable to Mr Singh and $4,500 payable to the Crown...