Zoe Wilson, who worked at Alley Cantina, was awarded nearly $32,000 after the Employment Relations Authority (ERA) found her sacking breached a previous agreement to waive the 90-day trial rule.
ERA member Antoinette Baker said Ms Wilson’s reason for the waiver — that she was in the process of buying a car for work purposes and needed proof of permanent employment — was perfectly plausible.
“I accept the straightforward and plausible evidence of Ms Wilson that she required proof of permanent employment to obtain a loan to purchase a car. She explains the purchase of a car as a need arising from [the general manager] asking her to work longer hours after the buses ceased at night.
“That a lender would require a prospective young borrower to provide proof of permanent employment is entirely credible.”
Ms Wilson began work with Alley Cantina in March 2023 and was dismissed in June 2023.
Ms Wilson said it had been a long and harrowing process to get to this point.
“Now that it’s done, it’s a relief to have that chapter closed.
“I didn’t ever do this for the money … it was more for my piece of mind. I knew I was in the right.”
Alley Cantina closed in June.
Its sole director is Thomas Bankier and his mother, Ruth Bankier, is the sole shareholder.
Both positions were previously held solely by Ruth’s husband, Mike, who died in 2021.
Attempts to reach representatives have been unsuccessful.
The business is being liquidated.
Ms Baker said Alley Cantina bosses appeared to “raise several defences” as to why she should not have accepted the waiver to be valid, “not all of them consistent with the other”.
These included the position that the general manager could not enter the waiver as a binding agreement but did so anyway and Ms Wilson “wouldn’t use the existence of the waiver to fight against the dismissal”.
“I find that the waiver was signed by the general manager who had authority to bind Alley Cantina; that Ms Wilson was entitled to rely on that authorisation; that the waiver was not signed with any verbal assurance from Ms Wilson that she would not then challenge a dismissal if it occurred; that the waiver represents Alley Cantina’s agreement that the 90-day period contained in the IEA did not still apply at the time it dismissed Ms Wilson.
“This means that Ms Wilson is able to challenge the justification of her dismissal through the grievance she has raised.”
Alley Cantina gave several reasons for Ms Wilson’s dismissal at the hearing, including that she contributed to a “toxic” environment in the workplace, the decision said.
But she was satisfied none of those things were raised as performance and/or disciplinary issues with Ms Wilson during her employment or before she was dismissed, Ms Baker said.
Ms Wilson said she found Alley Cantina’s approach to the hearing distressing.
“It really pulled the rug from under me to the extent I don’t work in hospitality anymore; I work in an office job.”
She wanted to “go public” to raise how commonly dismissals such as this occurred in the hospitality industry.
“It takes a toll on young staff, and it makes them feel less than what they are. But that doesn’t mean you have to put up with it.”
She had not yet received the money ordered by the ERA.
matthew.littlewood@odt.co.nz
