Employment law

At the port of Wellington, ships come in to unload and offload containers, deal with imports of raw and finished goods, provide ferry and cruise-ship terminals, provide facilities for the fishing industry, and offer recreational facilities such as the marina for yachts. It is a bustling place, and all the various tasks must be undertaken quickly and safely. So, this requires the port workers to be organised and efficient. As the cargo unloading docks have been recently expanded, the port of Wellington has decided to employ more stevedores who will load and unload the cargo. They also must drive different types of vehicles and operate the cranes, suction pipes, and conveyor belts, so they must also have the appropriate licences.

Joe is an immigrant from Poland; he has been living in New Zealand for about eight months and speaks only rudimentary English. Joe needs a job, so he applies for one of the positions, and after a quick phone interview, where confirms he has the correct licenses to operate the machines, the HR manager tells Joe he has been hired. The HR manager tells Joe to come into the office the next day so that he can sign the Employment Agreement. There is a shortage of stevedores, and the port of Wellington needs him to start working asap. Joe asks the HR manager if he can get someone to explain the contract to him, but the HR manager responds by saying that they will hire someone else if he doesn't sign the contract. Because Joe needs the job - he goes in the next day and signs the contract.

The employment agreement guarantees Joe at least thirty (30) hours a week or a minimum of sixty (60) hours a fortnight. Those hours can be at any time, and Joe cannot decline any request to work unless it is during a period of approved leave. The HR manager tells Joe if his work is good over the next few months, the hours will be raised to eighty (80) hours per fortnight; again, there are no set times for that work. Joe is required to work five days a week, 12 hours a day (with relevant breaks), but Joe can also receive a text message requesting him to turn up to work even if it is 3 am. Joe often finds himself operating the container cranes at 4 am after working an entire 12-hour shift the day before.

After a long 12-hour day at work, Joe once again receives a text at 3 am to come into work to unload a container ship. Even though Joe has only been working at port for two months, Joe is exhausted. Joe is required to operate the container crane at work. While moving a container, Joe fails to lock it to the trolley mover so that the container drops onto the dock. Inside the container is a Bugatti Chiron Super Sport 300+, of which there are only 300 worldwide and estimated to cost $142m. When the container is dropped - the Bugatti Chiron is written off.

Later that day, the HR manager calls Joe into the office to explain what has happened. The HR manager tells Joe that the destruction of the Bugatti is unacceptable. Moreover, he is incredibly incompetent at his job. Joe tries to explain the situation, but the HR manager speaks over Joe. The HR manager concludes the conversation by telling Joe he is fired. The HR manager tells Joe that the port can dismiss him immediately because he is still on his 90-day trial. Moreover, the HR manager tells Joe he better be prepared to hear from the owner of the Bugatti, as Joe will be liable for the damage to the car.

Answer question:

Question One: Joe is devastated and comes to you for advice (40 marks)