ERA finds café owner's conduct 'ill‑advised' but not a breach of duty leading to resignation
The Employment Relations Authority (ERA) has rejected a Christchurch chef's claim that she was constructively dismissed from her job at a suburban café, finding that her employer's actions did not amount to a breach of duty serious enough to force her resignation.
The ERA found that the chef, who worked at a small Christchurch café, was neither constructively dismissed nor unjustifiably disadvantaged.
However, the ERA ordered the café to pay her $602 gross in unpaid wages for additional hours worked, including an underpayment tied to the Matariki public holiday.
The chef began working at the café in January 2024, having been attracted to the role by what she understood to be broad autonomy over the kitchen, menus, and ordering.
Over time, she became increasingly unhappy with the way the café's owner‑director exercised control over operational decisions, frequently changed her mind, and, according to the chef, failed to resolve tensions as they arose.
The relationship deteriorated through 2024, including a dispute over alleged cross‑contamination of gluten‑free food, disagreements about menus, and what the chef described as undermining behaviour and inappropriate comments.
Matters came to a head in October 2024 when the owner introduced newly designed menus that departed from work done by the chef and her son, and when the owner later referred in an email to...
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