A job seeker tells John Landrigan about a work experience that's left a decidedly sour taste in her mouth.
Emma Denny is attractive, energetic, motivated and industrious - a model employee you might say.
But, when we meet the 17-year-old at her Devonport home, her energy is not so much sapped, but strangely on hold.
The Takapuna Grammar student is confused, if not a little miffed, after trialling for a part-time waitressing job at Platter cafe, bar and restaurant.
Emma, a Highland dancer who represented New Zealand at the international tattoo in America in 2009, wanted the part-time job to pay for future trips.
"They said I was very confident, smiley and good at the job. They asked me to come back the next day and start at nine o'clock."
She worked another three hours and was told to go home only after the restaurant emptied.
"I went out and celebrated getting the job and then never heard from them," she laments.
Two weeks after her trials, Platter management left a message with her 15-year-old sister, saying Emma had missed out on a job at the eatery.
The reason given was that she had said she could not work on Sundays. Emma says she made this clear to staff before the first trial day.
"I think it's a bit dishonest. I went in for a trial and was told they would like to hire me ... They always knew I could not work on Sundays.
"I'm disenchanted with this restaurant."
Platter manager Myla Peterson says it took two weeks to contact Emma as 24 applicants were tried for two jobs, some over two weekends.
Twenty-four applicants? At least two hours each? That adds up to 48 hours on the floor.
"It's good to get a good waitress or barista.
"If they are strong over a couple of hours then we pay them," says Mrs Peterson.
Management, says Mrs Peterson, only discovered Emma could not work on Sundays on the second day but still held hope of hiring her for other shifts.
"I'm sorry if she thought we had given her the job that day. If she rings us we will pay her."
In all, Emma worked six hours and says she was not being trained. She is an experienced waitress.
For over a month Mrs Peterson had not offered to pay her until contacted by The Aucklander.
A Department of Labour spokesperson says an employer may ask job applicants to demonstrate their skills before hiring, but this is not recommended practice.
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From March 1, businesses that employ 19 or fewer workers are able to hire new staff for a trial period of up to 90 days. Any paid trial period must be agreed by the employer and employee in good faith, and in writing, as part of the employment agreement.
The employer and employee must both bargain in a fair way about a proposed trial period. This includes considering and responding to any issues raised by the new employee. An employee who is given notice of dismissal before the end of a trial period cannot raise a personal grievance on the grounds of unjustified dismissal.
However, he or she may raise a personal grievance on other grounds, such as discrimination or harassment or an unjustified action by the employer that disadvantaged the employee. If an employee agrees to a trial period, this does not affect his or her entitlements to holidays and leave.
The Department of Labour Helpline phone number is 0800 209 020.
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