Employer unable to provide CCTV footage to support misconduct claims
The Employment Relations Authority (ERA) found that a student worker was owed three days' wages from a fast food franchise operator who claimed the worker had only completed a two-hour trial and was dismissed for harassing a female staff member.
The worker claimed he worked 16 hours over three days at a burger franchise in November 2024 but was not paid after the employer accused him of inappropriate conduct.
The franchise operator denied that the worker had worked the claimed hours and alleged harassment occurred, but was unable to produce CCTV footage to support the allegations.
The worker was an Indian citizen studying full-time for a post-graduate qualification in Auckland and living with his brother in West Auckland.
He learned of a potential job vacancy at the franchise through his brother's friend, who provided the franchise operator's mobile number.
The worker telephoned the franchise operator on 26 November 2024 for a 22-second conversation, after which he claimed he was instructed to attend the store at 11:00 a.m. the following day.
The worker alleged he worked for the franchise operator for 16 hours across three days: 4.5 hours on Wednesday, 27 November, 6 hours on Thursday, 28 November, and 5.5 hours on Friday, 29 November 2024.
The franchise operator denied that most of this work had occurred, maintaining the worker had only worked for two...
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