| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 126/09 |
| Hearing date | 27 Feb 2009 |
| Determination date | 20 April 2009 |
| Member | R A Monaghan |
| Representation | G Pollak ; A Ziba, R Amani |
| Location | Auckland |
| Parties | Fafiei v Troy Restaurant and Bar Ltd |
| Summary | PRACTICE AND PROCEDURE – Whether applicant part-time or casual employee – Applicant assisted restaurant renovations on casual basis – Parties orally agreed applicant would work four days per week – Arrangement continued for one month and later reduced to three days per week – Authority found applicant part-time employee – Found applicant worked set rostered shifts consistent with part-time employment – Found reduction in applicant’s hours did not change part-time to causal employment because applicant still worked rostered shifts – Part-time employee - UNJUSTIFIED DISMISSAL – Respondent advised applicant restaurant closed for two weeks for re-tiling – Applicant advised respondent wanted to “stop now” and receive holiday pay – Applicant became angry and aggressive over holiday pay dispute – Following day, applicant advised respondent did not want to leave job – Applicant had earlier discussed with respondent wanting to leave job to relocate but subsequently changed mind - Respondent dismissed applicant for aggressive conduct and unreliable intentions – Authority found dismissal unjustified – Found applicant’s behaviour should have been addressed through proper procedures – Found respondent should have discussed entitlement to annual leave during restaurant’s closure – Dismissal unjustified – REMEDIES – Found contributory conduct – Reimbursement of 7 weeks lost wages – Found compensation of $1,000 after deduction appropriate - ARREARS OF HOLIDAY PAY – Applicant claimed arrears of holiday pay – Authority found holiday pay due and owing – Interest of 3.1 percent payable – Kitchen Hand |
| Result | Applications granted ; Reimbursement of lost wages ($1,200)(7 weeks) ; Compensation for humiliation ($1,000) ; Arrears of holiday pay (Quantum to be decided) ; Interest (3.1%) ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 8 |
| PDF File Link: | aa 126_09.pdf [pdf 27 KB] |