KEY POINTS:
A former kitchen worker found to have been unjustifiably dismissed from a Christchurch restaurant has been awarded more than $13,000 in compensation and arrears.
The Employment Relations Authority (ERA) has ruled that Avalon Ltd, which operated the Rosebank Estate Winery on the northern outskirts of Christchurch, unjustifiably dismissed Sarah Patterson, who had worked at the restaurant for more than six years.
Rosebank Estate Winery has closed since Ms Patterson's employment was terminated in March, but ERA member Philip Cheyne noted in his decision that Avalon was not in liquidation or receivership.
After Ms Patterson lodged her personal grievance, the ERA was advised by counsel for Avalon that he was no longer instructed to act following the death of a company principal, Bryan Allison, the closure of the business and steps under way to wind up the company's affairs.
The company subsequently made no appearance before the authority and Mr Cheyne continued his investigation in its absence, hearing evidence on oath from Ms Patterson. Mr Cheyne said in March this year that Ms Patterson used the phone at work after getting permission from the sous chef.
Kathleen Allison criticised Ms Patterson for using the phone a lot and told her other staff were complaining about her and she was "getting sick of it".
Ms Patterson was upset, but left work because she had finished her shift.
Ms Patterson later contacted the chef, who told her she was suspended - a message that was also passed on to her partner, who was also told that Ms Patterson was not wanted back at work by Mr and Mrs Allison.
Ms Patterson's solicitor wrote to Mr Allison on March 8 raising grievances about the suspension and apparent dismissal as well as holiday pay issues, and requesting time and wage records.
Mr Cheyne said that about March 16 Mr Allison responded with a payroll report for the entire duration of Ms Patterson's employment and the comment, "I welcome a hearing at the Disputes Tribunal to discuss the so-called allegations."
There was no attempt to say that Ms Patterson had not been dismissed.
Mr Cheyne said attempts were made to resolve the issues through mediation "but several scheduled meetings had to be abandoned, apparently due to various intervening events affecting [the company]".
After proceedings were lodged with the ERA, the company sent Ms Patterson a cheque that partly resolved her pay claims.
In his ruling, Mr Cheyne found that Ms Patterson "did not contribute to the circumstances giving rise to her grievance".
"She was upset by Mrs Allison's attitude to her use of the phone but devastated at the time by the unwarranted suspension, the accompanying message that Mr and Mrs Allison had wanted for some time to be rid of her, and the dismissal," he said.
He ordered Avalon to pay her $10,000 in compensation for the unjustified dismissal.
He also ordered the company to pay $1460.85 in compensation for lost remuneration from when she was "dismissed" until she obtained alternative employment the following month.
Mr Cheyne found Avalon owed arrears of holiday pay and ordered the company to pay Ms Patterson $2153.99. He noted Ms Patterson should have been paid her holiday pay when the employment was terminated and said she was entitled to interest.
- NZPA
