NZPA

Woman to get more than $13,000 after sacking from bar

NZPA November 4, 2009, 3:07 pm

A woman who was sacked from her job at a Mt Taranaki restaurant after the owner took a personal dislike to her is to receive more than $13,000 for unjustified dismissal.

On December 9 last year, Therese Walsh was employed as bar manager at Mountain House Adventures by the head chef, who was left in charge while owner Karl Reipen was on holiday, an Employment Relations Authority (ERA) report said.

Mr Reipen returned to work shortly before Christmas and, by his own admission, took an instant dislike to Ms Walsh.

This was apparent to Ms Walsh when she first introduced herself to him and he declined to even shake her hand, the report said.

The chef told Mr Reipen that Ms Walsh was a good worker, but, when he informed the owner that she was still within the three-week probationary period of her contract, Mr Reipen asked him to cancel the contract.

Ms Walsh was given a letter on December 23 stating that her contract would be terminated on December 30.

ERA member Gregory Wood ruled Ms Walsh's was clearly a case of unjustified dismissal, saying the law did not allow Mr Reipen to dismiss her simply because of the probation period.

"Apart from the reaction from Mr Reipen at the time he first met Ms Walsh, Ms Walsh had no reason to consider that her employment was at risk," Mr Wood said in the report.

"She had received nothing but positive feedback from her direct boss, the head chef."

Ms Walsh was significantly affected by the dismissal and her evidence said her Christmas had been ruined, she could not stop crying and felt utterly demoralised, Mr Wood said.

Mountain House was ordered to pay Ms Walsh $7580 in lost remuneration, $6000 in compensation and $70 for the ERA filing fee.

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