Can’t-work-Saturdays worker wins job case
A school leaver who lost his temporary job as he could not work Saturdays due to sport commitments has been awarded $9500.
An Employment Relations Authority (ERA) decision released this week said Matthew Boyce answered a job adthat sought pick packers with the hope he could get a role for several months before attending a US university in August 2015.
The manager of Christchurch recruitment agency Kelly Services, Paul Watson, told Boyce he would be working for Coca Cola Amatil (NZ) for 12 hours a day, Monday to Friday and the assignment would last for at least three months.
Although Boyce was working for Coca Cola, a Kelly Services representative told him he was employed by the agency under its employment terms and conditions.
Early in March, Coca Cola asked Boyce to work Saturdays. He told the manager he could not as he played baseball in Auckland then.
Coca Cola told Kelly Services it no longer wanted Boyce to work there.
The next day, while working, Boyce was told his employment was terminated immediately as he was not available to work on Saturdays.
Watson later rang Boyce apologising for terminating his employment and requested he return his employment agreement.
The ERA noted Boyce was very upset about being dismissed and tried to find other jobs, but could not due to his lack of experience.
The situation left him very disheartened and he said he was teased by his friends for losing the assignment and it hurt his confidence.
It also said once Watson had been told Coca Cola no longer wanted Boyce, he should have found out why and explored other options to retain the assignment.
Boyce was awarded $6023.88 in lost wages, $481.91 for holiday pay on lost wages, and $3000 compensation for humiliation, loss of dignity, and injury to his feelings.