Whiskey shot reckless but not deliberate

An employer who threw a whiskey bottle which hit an employee on the head during a night out at a karaoke bar did not intend to hit him, the Employment Relations Authority ruled yesterday.

Jiyong Jeong took a personal grievance against his employer, the Hanyang Corporation in Auckland, after being hit by a half-full bottle of Korean whiskey.

He said he was afraid to go back to work after the incident and was therefore constructively dismissed.

He sought compensation of $50,000 and $21,000 in lost future earnings.

Authority member Janet Scott found the employer Mr Lee was reckless in throwing the bottle, but had not done so with the intention of hitting anyone.

He was trying to get the attention of his wife, who was talking to Mr Jeong, to tell her he wasn't feeling well and wanted to go home.

Ms Scott said Mr Lee's breach of duty was not serious enough to justify Mr Jeong treating the employment relationship as being over.

She ruled he was not constructively dismissed, but awarded him $5000 compensation due to the reckless act.