A New Zealand employer, Michael Andrews, was ordered to pay an employee, Reihana Macgregor, NZ$1500 (A$1350) after failing to provide a formal employment agreement during a trial period. Andrews, who runs Southern Fencing in Queenstown, had hired Macgregor despite his lack of fencing experience, agreeing to evaluate his performance over a few days. However, issues arose regarding Macgregor’s frequent phone usage and vaping at work, which Andrews did not address clearly.
The situation escalated on November 3, when Macgregor took an important phone call during work hours. Conflict ensued following Andrews’ reprimands, leading to Macgregor leaving the site. Both parties provided differing accounts of the incident, with Andrews claiming he merely tried to manage Macgregor’s phone use, while Macgregor felt personally insulted.
Despite arguments about the legitimacy of Macgregor’s dismissal, the Employment Relations Authority concluded he was not formally dismissed. It determined Andrews’s handling of the employment situation lacked adherence to legal requirements, primarily due to the missing employment agreement, resulting in the financial penalty for Southern Fencing. The ruling highlighted the necessity for formal employment arrangements, regardless of intentions surrounding trial periods.