A restaurant worker sacked after being discriminated against because of his sexual orientation has been awarded has been awarded nearly $15,000.
The Employment Relations Authority found that the man, whose name was not disclosed, was unfairly dismissed in July 2009 after three just three weeks as front manager at Auckland's
Mission Bay restaurant El Centro.
He was awarded $7000 damages and $7600 for lost wages and holiday pay.
The man said his employer, Graeme Edwards, was difficult to work with and began to make "inappropriate" comments based on his sexual orientation.
Mr Edwards alluded to sexually transmitted disease in front of customers and other employees.
Mr Edwards would often refer to him as a "f***ing faggot" and telling others present "not to bend over" around him.
The applicant described Mr Edwards' treatment as "humiliating, sexually discriminatory and abusive," making him feel "insignificant, worthless and isolated".
He said he was fired on July 25 with Mr Edwards saying he couldn't manage his way out of a brothel and not to bother coming back.
Authority member Alastair Dumbleton said Mr Edwards' behaviour amounted to sexual harassment and the applicant was "entitled to compensation for personal harm suffered by this unfair, unreasonable, and discriminatory treatment by his employer".
The applicant's dismissal was not justifiable, Mr Dumbleton said.
When the employee returned to collect his pay, he was paid on a $12.50 per hour rate, instead of $20. The man was also told he was hired on a contract.
The employer did not attend the investigation meeting and did not provide the ERA with a response to the applicant's submissions.
El Centro Ltd was also ordered to pay a penalty of $1500 for failing to provide the applicant with a copy of the employment agreement. Half was to go to the crown and the other half to the applicant.
- NZPA
