KFC Greenlane: cases went to the Employment Relations Authority. Photo / Google
KFC Greenlane: cases went to the Employment Relations Authority. Photo / Google
The Employment Relations Authority has rejected a case brought against NZX-listed Restaurant Brands by an employee of an Auckland KFC.
Chery Akaba Marr Lino claimed she was unjustifiably disadvantaged by being bullied and harassed when she worked at KFC Greenlane, and said the business did not carry out a properinvestigation into her concerns when she raised them.
But KFC owner Restaurant Brands represented by lawyer Laura Briffett denied she was bullied or harassed during her employment and said it carried out a full and fair investigation into her concerns.
A decision out on January 10 from authority member Eleanor Robinson said Lino complained about the lack of a name badge being available when she started work and being asked to wear a name badge with another person’s name on it.
Lino claimed that not wearing a badge with her own name on it caused her a disadvantage in that she would not be nominated for a “Make the Colonel Proud’ nomination, or be commented on favourably in staff surveys.
She was embarrassed and upset when a customer queried her ethnicity because of the name on the badge being Indian.
Her parents were waiting in the queue behind the customer to place an order and overheard the customer’s comment.
“When they reached the front of the queue Mr Lino said they saw Ms Lino’s name badge and realised why the customer had made the comment. Mr Lino said he told Ms Lino to remove the name badge and throw it in the rubbish bin,” the decision said.
The Employment Relations Authority ruled in two cases brought by Lino family members against Restaurant Brands which owns KFC. Photo Jeremy Moeller/Getty Images
The father told KFC Greenlane restaurant manager Tauseef Ali that he was disappointed to see his daughter wearing someone else’s name badge, and asked him to sort it out. Ali responded: “It’s already on order from the store. It’s a delay from the warehouse.”
Ali said he received a subsequent text message from the employee informing him that she would not be working the cover shift she had agreed to work that day because “you upset my dad”.
Ali replied by asking if her father was working or her and stating that he would like her to do her fixed shifts.
She responded: “My dad right, you bullying me.”
Ali said she could raise a complaint about him, and added: “Your dad doesn’t work for me so I don’t have to listen to what he says”.
A meeting was held where Lino’s parents attended along with Ali, Auckland KFC area manager Ravi Sharma and Martin Hill from Restaurant Brands’ human resources.
“During the meeting Ms Lino said she had been given the opportunity to talk about what had occurred and she explained that Mr Ali had told her four times to wear another person’s badge. This had made her feel pressurised to wear a badge with another person’s name on it, which adversely affected her sense of pride and her reputation,” the decision said.
Sharma said he and Ali both apologised to Lino about how she felt about the name badges.
Hill said throughout the meeting, the parents were aggressive and his impression was that they did not want to engage in discussions. He said they talked over Sharma and would not tolerate him making observations, comments or clarifications.
The authority dismissed her claim and said parties were encouraged to resolve any costs issue between themselves.
In a second authority decision also issued on January 10, student Uele Lino claimed he was unjustifiably disadvantaged or unlawfully discriminated against by Restaurant Brands for not allowing him to work all Saturday shifts as a shift supervisor on a permanent basis.
The company denied that, although it accepted he was owed 40 hours backpay.
He also worked at KFC Greenlane. The ruling on Chery Lino noted how her older brother worked at the same outlet. Famaile Lino, Uele Lino’s father, gave evidence supporting his son in that second case.
The decision said neither the father nor the son seemed to accept or understand the explanations given to them about the supervising shifts.
Robinson also decided in that matter, saying Uele Lino had not been discriminated against. He was mistaken in believing restaurant manager Tauseef Ali promised he could work the Saturday shifts as a supervisor on a permanent basis, she concluded.
A Restaurant Brands spokeswoman said the matter had been settled and it respected the outcome.
Anne Gibson has been the Herald’s property editor for 23 years, has won many awards, written books and covered property extensively here and overseas.
