Pay up, bar told, but amount cut

Ms Te Amo had written four warning letters but had not personally delivered them. Photo / Thinkstock

A Whakatane bar has been ordered to pay its former duty manager more than $4000 after she was found to have been unjustifiably dismissed.

The Employment Relations Authority has released its determination on a claim by Maria Te Ariki against the Commercial Hotel. Ms Te Ariki was a duty bar manager at the hotel from October 2010 until she was fired in February last year.

The authority found the relationship between Ms Te Ariki and hotel proprietor Selena Te Amo had been satisfactory until February 2012 when Ms Te Ariki began going through "serious personal stuff". During Christmas 2012 a dispute arose around leave arrangements and in January Ms Te Ariki took alcohol without payment, however neither incident was raised as a disciplinary matter.

On January 30, 2013 Ms Te Amo was assaulted at another Whakatane bar. At a staff meeting days later Ms Te Ariki said "what goes around comes around" and told her boss "everyone hates you, Selena", the determination stated. At a meeting on February 8 Ms Te Amo informed Ms Te Ariki her employment was terminated.

The authority ruled that was unjustified as Ms Te Amo had not informed Ms Te Ariki her employment was in jeopardy or that she could be dismissed as an outcome of the meeting.

Ms Te Amo had written four warning letters but had not personally delivered them, instead leaving them at the hotel for Ms Te Ariki to pick up. It was accepted Ms Te Ariki had not read the letters before her dismissal.

The authority said Ms Te Ariki would been awarded three months' wages ($8822.18) and $7000 compensation. However, it reduced that amount by 70 per cent to a total of $4746.65 because of Ms Te Ariki's "blameworthy behaviour".

"The evidence shows that Ms Te Ariki substantially contributed to the circumstances that eventually culminated in her dismissal."