Telco rethinks its termination warning to staff
Vodafone has rethink after internal memo spells out risk of being trapped in Australia
Vodafone NZ says it is updating its messaging to staff about personal travel to Australia during the quarantine-free bubble. The move came after media highlighted a memo that warned staff they faced possible “termination” if a border closure meant they were stuck across the Tasman for an “extended” time beyond their approved leave dates.
“On reflection, and based on feedback, we will be reviewing our communications to our people on international travel by staff during Covid-19,” head of external affairs Rich Llewellyn told the Herald yesterday afternoon.
“We can see we didn’t get the messaging right on this one. We 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.”
Yesterday morning, it emerged that Vodafone had released an internal memo saying an employee on personal travel to Australia could face dismissal if they were trapped across the Tasman for an “extended” time.
And the HR boss of another telecoms firm, 2degrees, also acknowledged to the Herald that in an extreme case, a bubble stranding could lead to a dismissal, while Spark says it would consult with an employee as a “last resort”.
Vodafone’s internal memo, circulated to some staff last week, included the lines: “It is strongly recommended that any employee planning an overseas trip discusses it with their people leader before booking flights.
“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.”
Employment lawyer Jennifer Mills said she would not recommend employers release a bubble travel policy including such a dismissal provision.
Where personal leave had been granted and an employee was subsequently trapped by a border closure, paid leave should be used up in the first instance.
Once that was exhausted, “the appropriate response would be unpaid leave”, Mills said.
In her view, she said, the dismissal provision in Vodafone’s policy would not hold up in an Employment Relations Authority hearing or the Employment Court.
Llewellyn said earlier yesterday that the telco was following a similar policy to other New Zealand companies, and the termination comment was made in the context of, “outlining an absolute worst-case scenario if an employee is in a role that cannot be performed overseas, is unable to return and has exhausted various leave options.
“Like many employers, we recently cautioned our staff to consider all the various possibilities before they depart on personal travel overseas, including the potential they may be unable to return to New Zealand from overseas for extended periods, and to discuss the options if that were to happen with their manager in advance,” Llewellyn said.
Business travel for the telco’s staff remains restricted, with personal sign-off by chief executive Jason Paris required for exceptions.
2degrees also acknowledged that a stranding could ultimately lead to dismissal.
“We understand that our people will be interested in heading across the ditch to see their loved ones, or have a holiday. Our advice to them is that it’s very much travellerbeware,” said 2degrees chief people officer Jodie Shelley.
“Our approach is to talk our people through our ‘what-if’ scenarios, and we ask that if they’re in a role where they can work remotely to take their IT kit with them so if they ‘get stuck’ they’ll be able to ‘return to work’ at the end of their holiday — whether that’s from Australia or MIQ”.
Spark also said it could have to consult a stranded employee about their future “as a last resort”.
“Our approach would be to work with them on a case-by-case basis to find a solution, which could include further annual leave or unpaid leave,” said Spark corporate relations lead partner Lucy Fullarton.