A chef, who was fired from a restaurant twice and to be removed by police both times because he refused to leave, has been awarded $4320 in compensation.
The Employment Relations Authority awarded Rhys Williams, who worked as a breakfast chef at Q65 Epicurion Cafe in Auckland, $2160 for pay in lieu of notice and $2160 for lost earnings as a result of his dismissal.
He initially asked for $10,000 in compensation from Banksia Holdings Ltd.
Employment Relations Authority member Yvonne Oldfield said her ruling was mostly based on Mr Williams' accounts, because the employer did not appear for the investigation meeting.
Banksia Holdings did send a "very brief statement" that was broadly consistent with Mr Williams' story, she said.
Ms Oldfield concluded the dismissal had not been justified.
Mr Williams said he started work on August 8 2008 and worked at the cafe for a month before getting fired.
He said his employer had become "aggressive" on two separate occasions.
Mr Williams decided to write a letter stating he found his boss' behaviour unacceptable, and though he wanted to keep his job, legal action would be taken if the abuse continued.
Mr Williams said he went to work the next day and was fired. The reason given was that he had threatened the employer with legal action.
He demanded his severance pay and a letter confirming his dismissal, refusing to leave until he got them.
The employer called the police and Mr Williams was removed from the cafe.
After a meeting was set between both parties, Mr Williams said he returned to the restaurant and was asked to take the job of head chef.
However, two days later the employer and Mr Williams got into another argument, resulting in the chef getting fired for a second time.
Refusing to leave the restaurant, he was again removed by police.
Mr Williams received his final pay, but said it did not include the pay in lieu of notice he was entitled to.
- NZPA
Fired chef awarded over $4000
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