Cafe worker awarded over $30k for job loss

An employee at a Middle Eastern restaurant had no choice but to leave after his employer failed to pay him for several months, and is entitled to more than $30,000 from his former employer.

Mustafa Kanar was employed at the Harem Cafe and Meze Bar in Wellington's Manners Mall from February to July 2006, after ongoing issues over his pay.

He was hired by Erol Gurleyen to work at the business for $1000 per week, and shifted from Auckland to Wellington in January 2006 before starting work the following month.

Mr Kanar never received an employment agreement and had to request to be paid, he told the authority.

"Some wages" were received and Mr Gurleyen paid some of Mr Kanar's bills.

In March 2006, Sultan's Harem Ltd, a business at which Mr Gurleyen was a director, became the owner of the business and replaced Mr Gurleyen as Mr Kanar's employer.

Mr Gurleyen did not attend the Employment Relations Authority hearing and failed to send a representative, but earlier disputed that Mr Kanar was an employee, saying he was undertaking due diligence because he wanted to buy the business.

Mr Kanar said he investigated purchasing the business, but that was not until June, and a sale did not eventuate.

In July, Mr Gurleyen told Mr Kanar he could not pay him anything and "if he was not happy then he should just go", the authority's decision said.

That amounted to an unjustified dismissal, the authority found.

Mr Kanar was awarded $18,348 in unpaid wages, along with $1,100.88 holiday pay and $8640 for three months' lost wages, to be jointly paid by Mr Gurleyen and Sultan's Harem Ltd.

They were also ordered to pay him $3000 compensation for humiliation, loss of dignity and injury to his feelings, and $1000 in penalties for his employers' "wilful and deliberate" conduct.

Mr Gurleyen was also ordered to pay Mr Kanar $250 for a contribution to costs, previously ordered by the authority.

Costs were reserved.

- NZPA