Truck driver raises claim despite not yet starting work for employer
The Employment Relations Authority (ERA) has rejected a claim of unjustified dismissal from an individual who argued he was unfairly terminated, despite never having officially started his employment with the company.
The ERA dismissed the claim of Shaun Cavanagh, who alleged that Dynes Transport Tapanui Limited unjustifiably dismissed him, after he wasn't able to accomplish some pre-employment steps for his would-be employer.
Cavanagh was supposed to start in late September 2023, after receiving an employment offer from Dynes in August for a truck driver position.
The company's offer was conditional on Cavanagh passing a drug test, submitting a signed employment agreement, and providing a pre-employment ACC claims history check, the ERA noted.
And although Cavanagh accepted the offer, he failed to meet the conditions, including undergoing the drug test, signing the agreement, and completing the ACC check before the anticipated start date.
Cavanagh's unavailability was due to illness, leaving him unable to start work in September as initially planned. He provided a medical certificate that declared him medically unfit for one week, but likely for a future week to October 2, 2023.
By September 28, Cavanagh provided another medical certificate that certified he was not fit to drive, but likely to be fit by October 9.
The company told Cavanagh that it was under pressure to fill his position, and by October 2, it withdrew the offer of employment to the would-be truck driver.
Cavanagh considered the decision unfair, and raised a personal grievance claim of unjustified dismissal in November.
Cavanagh contended that the employment agreement had already come into force, relying on a clause in the agreement that suggested a start date of September 18, 2023.
However, the ERA rejected this argument, maintaining that the conditions outlined in the offer letter had not been met.
"Mr Cavanagh was asked to consider the 'conditional offer,' then sign and return the letter so Dynes 'may' arrange the drug and alcohol testing," the ERA said. "After completion of a negative test, Mr Cavanagh was to sign and return the employment agreement. Mr Cavanagh took none of these steps."
The ERA then ruled that their employment agreement did not come into force.
"I find that Dynes withdrew its offer before Mr Cavanagh gained the status of a person intending to work," the ERA said. "As he was never an employee of Dynes, Mr Cavanagh cannot pursue a personal grievance against the company. His claim must be dismissed."
