Is Being Fired via Text Message Legal in New Zealand?
While there is no specific law in New Zealand that explicitly states an employer cannot communicate a dismissal via text message, the method of dismissal must still meet the overarching legal requirements of being for a justifiable reason and carried out in a fair and reasonable manner [Source: Employment Relations Act 2000, s 103A]. A dismissal via text message is highly unlikely to satisfy these procedural fairness requirements.
The Legal Standard for Dismissal
In New Zealand, for a dismissal to be legally sound, an employer must satisfy two key tests:
- Justifiable Reason: The employer must have had a justifiable reason for the dismissal [Source: Employment Relations Act 2000, s 103A(2)(a)]. A justifiable reason means a valid and legitimate basis for ending the employment, which could relate to an employee's conduct, capacity, or redundancy.
- Fair and Reasonable Manner: The dismissal must have been carried out in a fair and reasonable manner [Source: Employment Relations Act 2000, s 103A(2)(b)]. This means the process followed by the employer when dismissing an employee must be fair and reasonable in all the circumstances. The Employment Relations Authority (ERA) or Employment Court will consider whether the employer's actions, and how they acted, were what a fair and reasonable employer could have done in all the circumstances at the time the dismissal occurred [Source: Employment Relations Act 2000, s 103A(2)].
A fair process typically involves:
- Clearly informing the employee about the concerns or allegations.
- Giving the employee a genuine opportunity to respond to the concerns.
- Considering the employee's response before making a final decision.
- Notifying the employee of the decision and the reasons for it.
Why a Text Message Dismissal is Problematic
A text message is generally not an appropriate medium for communicating a dismissal because it usually fails to provide for a fair and reasonable process. Key issues include:
- Lack of Detail: It is difficult to provide the necessary detail about the reasons for dismissal and the evidence relied upon in a text message format.
- Opportunity to Respond: A text message typically does not allow for a meaningful opportunity for the employee to present their side of the story or respond to allegations. A fair process requires a face-to-face meeting or at least a comprehensive written communication that allows for a considered response.
- Good Faith Obligations: Both employers and employees have a statutory obligation to deal with each other in good faith [Source: Employment Relations Act 2000, s 4]. Good faith involves acting honestly, openly, and constructively in all employment relationship matters. Dismissing an employee via text message is very unlikely to be considered acting in good faith due to its impersonal nature and inability to facilitate a fair process.
- Dignity and Respect: A dismissal by text message can be seen as disrespectful and undignified, undermining the fundamental principles of a fair employment relationship.
Unjustified Dismissal and Personal Grievances
If an employee is dismissed, and they believe the dismissal was not for a justifiable reason or was not carried out in a fair and reasonable manner, they may raise a personal grievance [Source: Employment Relations Act 2000, s 103]. A personal grievance is a complaint an employee can raise with their employer if they believe they have been treated unfairly in their employment.
In such cases, the Employment Relations Authority or Employment Court will objectively assess whether the employer's actions were those that a fair and reasonable employer could have taken in all the circumstances at the time of dismissal [Source: Employment Relations Act 2000, s 103A(2)]. The manner in which the dismissal is communicated is a critical factor in this assessment.
Potential Remedies for Unjustified Dismissal
If a personal grievance for unjustified dismissal is upheld, the Employment Relations Authority or Employment Court can order various remedies, which may include [Source: Employment Relations Act 2000, s 123]:
- Reinstatement: An order for the employer to put the employee back into their job.
- Reimbursement: Payment of lost wages or other benefits.
- Compensation: Money paid to the employee for humiliation, loss of dignity, and injury to feelings caused by the unjustified dismissal.
When to Seek Independent Legal Advice
Individuals who believe their employment has been unfairly terminated, or employers seeking to understand their obligations, should seek independent legal advice. Information and assistance can be obtained from organisations such as Community Law Centres, Employment New Zealand, or private legal professionals.