| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 246 |
| Hearing date | 18 Jul 2012 |
| Determination date | 24 July 2012 |
| Member | J Crichton |
| Representation | M Harrison ; D Singh |
| Location | Auckland |
| Parties | Anand v Catering Masters NZ Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Abandonment – Applicant claimed unjustifiably disadvantaged by respondent making applicant eat beef and pork contrary to applicant’s religious beliefs – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant abandoned employment – Authority found applicant not expected to taste food because respondent understood nature of applicant’s religious objection – No unjustified disadvantage – Found difficult to understand why applicant would abandon employment when employment of short duration and conferred full time position underpinning applicant’s work visa – Found applicant dismissed – Dismissal unjustified – REMEDIES – No contributory conduct – Respondent to pay applicant $7,540 reimbursement of lost wages - $1,500 compensation appropriate – ARREARS OF WAGES – Applicant sought arrears of wages – Found extra hours part of familiarising applicant with respondent and not intended to be paid work – No arrears of wages – Chef |
| Abstract | Applicant employed by respondent as chef. Applicant claimed unjustifiably disadvantaged by respondent making applicant eat beef and pork contrary to applicant’s religious beliefs. Applicant claimed unjustifiably dismissed by respondent and sought arrears of wages. Respondent claimed applicant required to cook but not eat beef and pork. Applicant claimed worked late on two days but respondent claimed applicant invited to attend offsite venue as familiarisation visit and applicant not required to work. Applicant claimed suffered injury after being assaulted by manager (“G”). G denied assaulting applicant. G claimed called applicant three times to get information about applicant’s medical position. Applicant claimed during third conversation told G had seen doctor, been put off work for several days and was prescribed medication. Applicant claimed told by G would not have a job if applicant did not report to work immediately. G claimed applicant did not return to work after seeing doctor and abandoned employment.;AUTHORITY FOUND –;UNJUSTIFIED DISDADVANTAGE – UNJUSTIFIED DISMISSAL: Applicant not expected to taste food because respondent understood nature of applicant’s religious objection. No unjustified disadvantage. Difficult to understand why applicant would abandon employment when employment of short duration and conferred full time position underpinning applicant’s work visa. Applicant dismissed. No opportunity for applicant to be heard. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $7,540 reimbursement of lost wages. $1,500 compensation appropriate.;ARREARS OF WAGES: Extra hours part of familiarising applicant with respondent and not intended to be paid. No arrears of wages. |
| Result | Application granted (unjustified dismissal); Reimbursement of lost wages ($7,540); Compensation for humiliation etc ($1,500); Disbursements in favour of applicant ($71.56)(filing fee); Applications dismissed (unjustified disadvantage)(arrears of wages); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s103A(3);ERA s103A(5) |
| Number of Pages | 7 |
| PDF File Link: | 2012_NZERA_Auckland_246.pdf [pdf 146 KB] |