Employee terminated after placing his hands around an agitated customer's throat
A former café assistant in Nelson has been awarded more than $14,000 in compensation and lost wages after the Employment Relations Authority (ERA) found he was unjustifiably dismissed following an altercation involving an agitated customer.
The determination found that the café's directors effectively dismissed the employee via email without following any disciplinary process, in breach of both his employment agreement and the Employment Relations Act 2000.
What happened at the café
In June 2024, the employee was working behind the counter when a regular customer approached and began a conversation. According to his account, the customer became agitated and lunged at him during the exchange.
In response, the employee raised his hands in a non-threatening gesture, but also briefly placed his hands around the customer's throat, causing him to step back. He immediately apologised. The exchange was captured on CCTV, though the footage contained no audio.
The following day, the customer lodged a formal complaint with the café's management. The employee was asked by text to email his account of the incident, which he did by early afternoon, signing off with: "I'll see you on Saturday," referring to his next rostered shift.
Just under five hours later, management replied with an email quoting the serious misconduct clause of his employment agreement.
"I do believe it will result in instant dismissal...
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