Worker gets terminated through WeChat message, alleges employer told him his services were no longer required
The Employment Relations Authority (ERA) recently dealt with a personal grievance claim involving a university student who worked as a waiter at a hot pot restaurant for over four years.
The worker's employment ended through a WeChat message exchange with the head chef, who told him his services were no longer required. The worker challenged both his dismissal and his employment classification under the agreement.
The waiter successfully argued he was a permanent rather than casual employee despite his written employment agreement.
The ERA found that the substance of the employment relationship prevailed over its contractual label. The worker received substantial remedies, including lost wages, compensation and significant arrears for unpaid leave entitlements spanning his entire employment period.
The ERA examined whether the worker was employed casually or permanently. The court noted the real nature of relationships must be examined rather than accepting contractual labels.
The worker's agreement stated he would work on an "as required" basis. However, the ERA found provisions inconsistent with casual employment, including overtime, bonuses and notice requirements.
The worker's duties expanded from waiter to include food runner, kitchen hand, dishwasher, juice bar attendant, cashier and delivery driver.
The ERA...
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