I'm an employer who employed a truck driver on 13th Jan with a 90 day trial period included. We've had breaks in our

Expert's Assistant chat
Customer: I'm an employer who employed a truck driver on 13th Jan with a 90 day trial period included. We've had breaks in our work and on days when theres no work we've allowed him to be at home but ready for work if called on. 11.00am on Tuesday this week work closed so he went home and at 3pm - still on work time - we phoned and asked him to attend a drugs test our contractor required. He said he'd been drinking and couldn't attend a drug test. The next morning we asked him to attend a drug test he refused and said he wanted to be paid out 2 weeks. Throughout the day he sent txts and his final txt included that he would go down wrongful dismissal proceedings. We only replied to his first txt advising that he'd breached his employment contract the other day when he wouldnt attend a drug test and again today and sorry we no longer have employment for him. I need to know if my employment agreement covers our business in a case of wrorgful dismissal?
JA: What kind of workplace is this? Is it the public or private sector?
Customer: We are private earthmoving contractors currently subcontracted
JA: Where are you located? Drug testing laws vary by state.
Customer: Sorry I'm in New Zealand not sure where you are
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Would like them to look at my employment agreement
Answered by Chris The Lawyer in 2 hours 2 years ago
imglogo
Chris The Lawyer
10+ years of experience
logo

42414 Satisfied customers

Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

logoimgimgVerified lawyers, 10+ years of experience
Chat with a Lawyer in minutes, 24/7
imglogo

Verified lawyers, 10+ years of experience

Save time and money. Get specialized help.

imglogo
Chris The Lawyer
10+ years of experience
logo

42414 Satisfied customers

Jessica

Jessica

Consultant

31,131 Satisfied customers

Pearl avatar
Lawyer's, Assistant
14 Lawyers are online right now.
Customer
Employment agreement attached i have an original which has been signed by both parties
img

Chris The Lawyer, Expert

Hi
I am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read the question

img

Chris The Lawyer, Expert

That Is a pretty clear employment agreement. I looked to ensure that the 90 day requirement was expressly consented to, because that is sometimes omitted, but you have a well drafted agreement where he would have been clearly aware of the 90 day trial period. In addition, the drug test issue would enable you to summary dismissal, because it is well accepted that in certain occupations this is a an important health and safety issue. If he was threatening wrongful dismissal, then he overlooks both the 90 day trial period and the failure to undertake the drug test.

Customer
A friend has told me that we overlooked a dismissal process - we told him by txt msge “You breached your employment contract yesterday when you wouldn’t submit to a random drug test and again today sorry I no longer have employment for you. I have no choice if I’m paying you to be at home ready for work that’s what you have to be.” (He then txted back and I've attached his reply-txt1) and our reply to his 2nd txt was"please advise what time and date you wish this to take place in Wellington" and he replied with the 3rd and final txt. One friend said we should have asked for a meeting with him and tried to talk about it and then depending on his response we go to a mediation. Another said we need to reinstate his employment and then go about terminating him with the 1 week notice. Is there any advice you can give me as he says that he has contacted someone to take us to the employment tribunal for wrongful dismissal and we are quite stressed out.
Customer
These are the txts he sent my husband - he hasn't sent any today
Customer
Another friend has just phoned and said he asked his lawyer who said its best for us to pay him what he wants and get him to sign a settlement agreement that he won't take it any further
img

Chris The Lawyer, Expert

It really depends on whether he actually wants to bring a wrongful dismissal claim. Sometimes the cost of fighting the claim is better spent on paying him out. You have to draw a balance between whether you want to take him on in an employment case and spend the money on your lawyer to do that, or whether it is worth just offering him some wages to go away as a full and final settlement. Your strong point is the 90 day clause, but I think you have covered the drug testing issue quite well. I suspect from reading the attachments he doesn't want to be dismissed for failing a drug test. So you could offer him a deal that you would say that he resigned and that you wouldn't mention the failure to undertake a drug test, plus perhaps three or four weeks wages

Ask a lawyer and get your legal questions answered.
See all Legal Questions
img
Related Legal Questions
How it works
logoAsk for help, 24/7
Ask for help, 24/7
Members enjoy round-the-clock access to 12,000+ verified Experts, including doctors, lawyers, tech support, mechanics, vets, home repair pros, more.
logoExpert will respond in minutes
Expert will respond in minutes
After you reach out, we match you with an Expert who specializes in your situation. Talk, text, chat, whichever you prefer.
logoSave time & money
Save time & money
No scheduling hassles, missing time from work, or expensive consults.
A JustAnswer membership can save you significant time and money each month.
img
logo 593 Verified lawyers, 10+ years of experience
DISCLAIMER: Answers from Experts on Askalawyeroncall.com are not substitutes for the advice of an attorney. Askalawyeroncall.com is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response as proposing specific action or addressing your specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances should be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on any information received from an Expert, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from independent, freelance Experts, who are not employed by Askalawyeroncall.com . The site and services are provided “as is”. To view the verified credentials of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
Explore law categories
Powered by JustAnswer