Worker

Employer

Anonymised Parties

A Bar Worker

A Pub

Representatives

Sharon Devereux of Alan McGee & Co

Act

Dispute Reference No.

Date of Receipt

Industrial Relations Act 1969

CA-00041457-001

03/09/2022

The worker has made a claim of unfair dismissal under the Industrial Relations Act, as she had less than 12 months service.

The worker started working for the employer on 11 November 2021 as a member of the bar staff. She says that in June 2022 her hours were cut by the employer. When she asked why her hours had been reduced she was told that staff were joining back for the summer and the respondent was splitting the hours fairly between everyone. Her hours went from 25-30 per week down to 15-20 hours per week.

On 7 August 2022 the worked did question her employer about the reduction in hours. The employer replied by text message that “there had been some complaints from customers that sometimes there isn’t any service when you’re on duty and trade has been down from previous summers” The following day the worker got a message asking her to come into work, as usual. She worked as normal for the next two weeks.

After her shift on 21 August 2022 a part owner of the pub came up to give her wages for the week and, at midnight, said “we have to let you go as we are reducing staff”, he proceeded to give the worker a high five and walked away.

She was told by a former colleague that less than a week later the employer had taken on a new employee.

The worker also says she received no proper notice to terminate her employment.

The employer says the worker was employed by them between 11 November 2021 and 21 August 2021. Her employment was terminated on 21 August 2022 as they could not provide hours for her due to a downturn in business. They paid the complainant one week’s wages in lieu of notice and her outstanding leave entitlement.

They say the employee referred to by the worker was not taken on to replace the worker but to cover for another employee who was out sick, and that person was employed for three weeks, from 27 August – 13 September 2022.

In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.

The worker was unhappy about having her hours reduced in June. She was told this was because other people were returning for the summer. She raised the issue again in August and was told there had been customer complaints about her, something that had not been mentioned before and was not mentioned again by the employer. Two weeks later she was dismissed and told it was because of a downturn in business.

I note the worker was not issued with her terms and conditions of employment, as required by legislation. This would have stated her hours of employment and her basic entitlements. Instead, the employer reduced her hours without any consultation, to allow them to bring other employees in for the summer. Then she was dismissed because of an alleged downturn in business. No information was given to the employer about the downturn. Also, she was not told why she was being let go and not others, particularly those who had started after she did. Furthermore, no information regarding why the worker was selected for dismissal was given to the hearing of this dispute, in support of their decision.

I note the worker got further similar employment about two months later but had to travel a further 15 kilometres each way.

I consider the worker was badly treated by the employer, firstly in reducing her hours. The worker suffered severe financial detriment when this occurred. Secondly, when she was dismissed. The worker should have been given a better explanation and told why she was being let go but others kept on. In these circumstances I find the worker was unfairly dismissed, within the confines of a dispute taken under the Industrial Relations Act.

IR dispute – unfair dismissal