An employment law expert has slated Vodafone for a "grossly unfair" memo warning workers they may lose their jobs if they become stranded in Australia for an "extended period" of time.
On Tuesday, it was revealed the telecommunications company had issued an internal memo to some of its employees last week, warning staff to discuss any plans for overseas travel with their leader prior to booking flights.
The memo was sent mere days before the trans-Tasman travel bubble officially opened on Monday, allowing New Zealanders and Australians to cross the ditch without being required to quarantine on arrival.
Due to the ongoing pandemic, both countries have made it clear that in the event of an outbreak, borders may need to be closed at short notice - a very real possibility that could leave travellers stranded for an unknown period of time.
According to reports by Stuff and the New Zealand Herald, the memo warned Vodafone staffers that if they do choose to travel, their "employment may be terminated" if they are prevented from returning to New Zealand and their place of work "for an extended period".
"Employees should also understand that if they are prevented from returning to NZ and their home/work for an extended period beyond their original approved leave dates, their employment may be terminated," the memo said.
Speaking to Newshub on Tuesday, leading employment relations practitioner Max Whitehead said he is "disgusted" by the memo, noting that if a staffer was prevented from returning to work due to a sudden border closure, the company would, in most instances, not have a leg to stand on.
Every employee has the right to natural justice - also referred to as a fair treatment, Whitehead said, adding that if Vodafone were to sack a staffer stranded in Australia without justification, it would likely constitute an unjustified dismissal.
"If they're unable to return to work, they should have the right to be able to plead to their employer the reasons why," Whitehead explained to Newshub. "For Vodafone to threaten to sack anybody who fails to return back from their holidays because they might have been stalled for some reason - without any justification or any good reason of dismissal - that would be an unjustified dismissal."
Many staffers assume their employer knows better and is providing factual information, Whitehead noted - but in this instance, Vodafone is misleading their workforce.
"The Employment Relations Act defines good faith, and good faith is not misleading someone as they're doing right now. I think they should withdraw that email immediately, apologise to their staff and reword it in a manner that is conducive to a good employer."
Whitehead said he is "shocked" Vodafone would threaten their staff in that manner, particularly loyal, long-term employees who may have been separated from loved ones for more than a year.
"Vodafone [is] alarming people unnecessarily and it's not helping the anxiety people are already suffering. I'm disgusted Vodafone has resorted to such methods in terms of treatment of their staff," he said.
"That memo would have gone to individuals who may have never taken a sick day - perhaps innocently going off to see relatives they haven't seen for a long time - and suddenly get caught up in a pandemic. These people have a clean record, have done nothing wrong - there's no way they would lose their job. And yet here's Vodafone saying they'll be dismissed. I think that's an absolutely terrible way to treat long-term, loyal staff members. There will be ratbags among them who have had plenty of warnings… but to treat the rest of them like that is uncalled for."
Since publication, Vodafone has released a statement in which it says: "On reflection and based on feedback we will be reviewing our communications to our people on international travel by staff during COVID-19.
"We can see we didn’t get the messaging right on this one, and were trying too hard to cover all possible scenarios and risks for our people, no matter how unlikely or complex, rather than simply working with any of our people who might be impacted while on overseas travel in future on a case by case basis.”
What to do if you get stranded overseas
If a Vodafone worker - or anyone who has received a similar warning from their place of employment - does become stranded in Australia, Whitehead says they must contact their employer at the first opportunity.
"If a staff member is caught up in the pandemic and they can't get back, they should contact their employer at the first opportunity and talk it over with them," he advised. "That reasonable attempt, to me, should not cause someone to lose their job. On a first defence, it would not justify dismissal."
He reiterated that if a staffer is prevented from returning to New Zealand, they must contact their employer immediately.
"Contact your employer and explain the circumstances, but take particular note that you've done that. If you come back and discover you've been disciplined or taken through a process of dismissal, then contact a representative like myself to give you assistance for suing them for unjustified dismissal."
A spokesperson for Vodafone earlier confirmed to Newshub the company had recently advised its staff to consider "all the various possibilities before they depart on personal travel overseas", including the possibility they might be unable to return to New Zealand for an extended period.
"We also say, in outlining a last resort if an employee is in a role that cannot be performed overseas, is unable to return, and has exhausted various leave or other options, that employment may not be able to be held open for an extended period and may be terminated, depending on their terms of employment," the spokesperson said.
While some employees are able to work remotely from Australia or a managed isolation facility, the spokesperson said this is not an option available to all workers, such as those in retail roles.
"We don't want those people who may not be able to do their jobs remotely to be caught unawares."
Newshub has contacted Vodafone for comment regarding Whitehead's response.
