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Home / New Zealand

Pub sacking not justified

By Andrew Bonallack and Matthew Backhouse, APNZ
Wairarapa Times-Age·
14 Feb, 2014 05:00 PM3 mins to read

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STANDING GROUND: Peter Johnson holds up a copy of Gideon Tait's Never Back Down, which he says summed up his philosophy in pursuing and winning his employment case against the Marquis of Normanby pub in Carterton. PHOTOS/ANDREW BONALLACK

STANDING GROUND: Peter Johnson holds up a copy of Gideon Tait's Never Back Down, which he says summed up his philosophy in pursuing and winning his employment case against the Marquis of Normanby pub in Carterton. PHOTOS/ANDREW BONALLACK

Dogged pensioner wins battle for compo

Never back down.

That's the maxim of Carterton's Peter Johnson, who won his case for unjustified dismissal after a Carterton pub claimed he was a lonely volunteer looking for company.

Mr Johnson, 71, a former protection officer and driver, was the courtesy van driver at the Marquis of Normanby Hotel, a role he said began in 2010 when he asked for work.

On three nights a week, from Thursday to Saturday, he picked up and dropped off pub patrons in the hotel's courtesy van.

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He also helped with stock-taking, liaised with police over incidents at the hotel, and sometimes opened or closed the premises using his own set of keys.

He even had the authority to evict customers, according to a copy of a memo to all Marquis staff, signed by owner Ramesh Dayal, which Mr Johnson showed the Times-Age yesterday.

When he was not helping out, Mr Johnson sat in an alcove off to the side of the bar or rested and watched television.

For his efforts, he was paid $50 a night, allowed to eat the odd meal - sometimes a pie - and could take the courtesy van home.

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But the Employment Relations Authority (ERA) heard that all changed in December 2012, after Mr Johnson contacted labour inspectors about his employment status.

Mr Dayal asked him to hand in all his keys and to leave the van key at the hotel when he was not there. The pub manager then texted Mr Johnson in January last year to say his services were no longer required.

Mr Johnson claimed he was unjustifiably dismissed and was owed wages and holiday pay.

But the hotel argued before the ERA that Mr Johnson was not an employee and was instead a regular patron who helped out as a volunteer.

Mr Dayal said the pensioner was lonely and sought companionship from the patrons and staff. He was given money, not as payment, but as a "koha" for his help, Mr Dayal said.

Michael Shale, who ran the hotel up to 2010, presented a statement saying in 2010 Mr Johnson would "frequently approach me, volunteering to drive the hotel courtesy van for patron transport since he would often be in the hotel watching TV and the like". Mr Shale said he was reluctant but Mr Johnson was "very persistent".

He said in his statement he gave in, as Mr Johnson did not drink alcohol and had the right licence. "It was only on the odd occasion and only when he offered to do it without expecting anything in return.

"I never at the time offered him any kind of employment."

Mr Johnson, who was represented at the ERA hearing by industrial relations consultant Joe Richardson of Wainuiomata, said he had asked "now and again" for an employment contract. He told the Times-Age he was getting about $300 a month "which was better than nothing".

"Never back down if you believe something is right," he said. The ERA found Mr Johnson was an employee, despite having no written contract.

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His van driving duties were an "integral" part of the business, he had regular days of work, and he clearly had an expectation of regular payment.

The ERA found his dismissal was unjustified and for no reason. It ordered the pub to pay $1000 in compensation and $3974.52 in lost wages, arrears and holiday pay.

The Times-Age left a message with a Marquis staff member asking Mr Dayal for a response, but did not receive one before going to press.

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