ERA examines whether casual workers can be removed from roster for second jobs
17 Jun 2025
Share
The Employment Relations Authority (ERA) recently dealt with a case involving two restaurant workers who claimed they were unjustifiably dismissed after accepting positions at a competing business.
Both workers, who were secondary school students working in front-of-house roles, sought statutory remedies including lost wages and compensation for hurt, humiliation and injury to feelings, whilst also seeking penalties against their employer for failing to provide employment agreements.
The workers argued they were permanent employees who had been dismissed without justification when they informed their employer about taking additional work at another hospitality venue.
They claimed the employer's response via text messages constituted dismissal and sought compensation for the manner in which their employment ended.
The two workers were employed by a restaurant group operating three hospitality venues in Oamaru, North Otago - an upmarket restaurant, another restaurant, and a café.
The company employed approximately 28 permanent and casual employees across its operations, with permanent employees typically being chefs and managers. Some employees worked across all three sites, including both workers in this case.
The first worker commenced employment in June 2021 through responding to a Facebook advertisement seeking someone to fill a...
USCellular urged the U.S. Supreme Court Wednesday to uphold a D.C. Circuit ruling that dismissed whistleblowers’ False Claims Act (FCA) claims alleging spectrum auction fraud, branding their reque...