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Home / New Zealand

Teen takes on boss in pay dispute

APNZ
9 Sep, 2011 05:35 AM2 mins to read

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A customer service worker was who asked her boos to pay her for working on a public holiday was unfairly sacked. File photo / Thinkstock

A customer service worker was who asked her boos to pay her for working on a public holiday was unfairly sacked. File photo / Thinkstock

A customer service worker was sacked after asking her boss to pay her for working on Labour Day.

Canesha Mallon took her case to the Employment Relations Authority (ERA) and has been awarded $7377 in lost wages and compensation.

The then 18-year-old had been working as a casual customer service
worker for Capital Link Services (CLS) - a visa processing company.

It was Ms Mallon's first job out of school. She called her boss, Naim Ibraheim, to ask about being paid for working Labour Day.

She was told there was no work for her and she could start her period of two weeks termination from immediately.

ERA member Alastair Dumbleton found that CLS failed to consult properly with Ms Mallon.

In his finding, Mr Dumbleton said Ms Mallon told her bosses that there must be a good reason for being dismissed.

She asked for her job back and reinstatement, but her boss said there was not enough work for her.

Ms Mallon later found that her computer access had been blocked.

Mr Dumbleton said Mr Ibraheim had shown a "lack of good faith and contempt" for the company's agreement with Ms Mallon.

"He expressed no reason at all for giving her notice."

Ms Mallon also found that the company had not made deductions for PAYE tax and she owed $1686 to the Inland Revenue Department.

Mr Dumbleton said he found Ms Mallon had suffered "considerable anguish".

He said Ms Mallon had been unjustifiably dismissed and ordered that she be paid six weeks' wages, $3250 in compensation for hurt and humiliation,

Ms Mallon told APNZ all young people should stick up for themselves.

"Be careful who you work for. If you have any dodgy feelings, don't take it."

She said she was scared about going to the ERA but knew that she was in the right.

"It was my first job, I had just started working and it didn't work out."

CLS director Nicholas Yanni said the company did not wish to comment.

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