The Star: March 03, 2022

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The Star Thursday March 3 2022 20 NEWS Latest Canterbury news at starnews.co.nz Thai restaurant staffer gets $12,500 ERA finds impacts of unjustified dismissal ‘real and need to be recognised’ • By Belinda Feek A THAI restaurant owner has been ordered to pay a former staff member more than $12,000 after using her annual leave to bump up her pay during the 2020 lockdown, in spite of being paid the Covid-19 wage subsidy. The Employment Relations Authority found the owner and sole director of the Thai Orchid restaurant on Riccartion Rd, Julian Stokes, unjustifiably dismissed his former front-of-house staff member after she took umbrage at the unusually low payments she began receiving. The authority issued a plethora of payments including $2258.87 in seven weeks’ adjusted lost wages and $5000 for hurt and humiliation at her experience. Stokes was granted the Government’s wage subsidy and in spite of paying her first week as entitled, for the remaining seven weeks he began paying the staff member 80 per cent of the wage subsidy and topping it up with the woman’s annual leave – in spite of not having approval and later protestation. He would later tell the authority he used the excess from the staff member’s subsidy to top up UNFAIR: A Thai restaurant owner who used an employee’s annual leave to top up her pay during lockdown and then dismissed her when she objected has been ordered to pay compensation. PHOTO: FACEBOOK more highly paid chefs in his team. In May 2020, following the nationwide lockdown, Stokes told the staffer due to business downturn by Covid-19 he couldn’t employ her at the same number of hours she had previously worked and began a redundancy process while offering to continue to employ her at reduced hours. She in turn asked for more hours, however, Stokes declined and ended her employment after more than two years at the restaurant. After initially working just 15 hours a week, that ultimately grew to around 36 after she was granted a work visa and she moved into a front-of-house position. When the country went into level 4 lockdown, the woman understood she would be paid 80 per cent of wages at her new reduced rate of 29 hours. While Stokes paid the first weeks at 29 hours, he then paid her next four weeks’ pay using entirely annual leave. Stokes told the authority he had intended that 80 per cent of the 29 hours would be paid as ordinary time and the remainder would be taken from the staffer’s leave entitlements. However, in a staff meeting recorded by the woman when the country entered level 4, Stokes advises staff that the business has already applied for the wage subsidy, and should this be granted, he would pay the full amount to staff. That wage subsidy was slightly higher than her normal weekly pay. On May 8, 2020, [she] received her weekly pay calculated at 20 hours per week instead of the 29 hours she was expecting to receive. She texted and emailed Stokes to query this and a week later again only received 20 hours’ pay. On May 16, he emailed her back referring to the business’s “lack of economic profitability”, saying she had two options: move to a casual employment contract for 20 hours minimum or end her current contract with one weeks’ notice at 29 hours. The staff member sought advice and rejected the offers asking her to repay the outstanding monies and continue her at 29 hours to renegotiate at a later date. Stokes replied rejecting her compromise and ended her employment. For using her annual leave to subsidise her pay during the period, the authority did not find any contemporaneous record to show that was communicated to her or that she understood or agreed for that to happen. “If Mr Stokes had intended to deduct 5.8 hours each week from [her] leave balance, the onus was on him to have clearly communicated this so as to achieve [staff member’s] consent. “For the last nine weeks of her employment, [she] should be paid at the rate of 29 hours ordinary time each week, as this is what was agreed between herself and Mr Stokes. No other alternative agreement was ever reached. “An employer is not able to unilaterally vary the terms of an employment agreement and Mr Stokes’ attempt to reduce [her] hours and pay without her agreement is not effective.” In spite of the difficulties the restaurant was facing at the time, the authority found the staff member’s dismissal unjustified. The authority granted her seven weeks’ lost wages at $2258.87 plus $180.71 in annual leave entitlements and $5000 for hurt and humiliation. Along with payments for short-paid wages, short-paid notice, and three unworked public holidays, the applicant was granted around $12,500 in total. “The impacts on [staff member] of her dismissal were real, and need to be recognised.” The authority found that given the subsidy payments ran from March 26 to about June 16, Stokes had an obligation to “use best endeavours” to retain her job until that date. “Instead, he terminated her employment on May 22, 2020, with her notice being paid up to May 29, 2020. “It is at best unfortunate that Mr Stokes chose not to continue [her] employment for the short number of days it would have taken to comply with the subsidy obligations.” • Feek is an Open Justice journalist Confusion over dog signage at beaches • By Kristie Boland OUT OF date dog control signage at Sumner and Scarborough beaches has left some people questioning where dogs can and cannot go. The Linwood-Central- Heathcote Community Board has discussed the differences in restrictions at the beaches and how to make the signs more simple. There is also no dog control signage along the southern side of the estuary to advise people dogs are not permitted to protect wildlife. The board will request city council staff set up more simple signage around the estuary to say dogs are not permitted. Darrell Latham Board member Darrell Latham brought the matter to the board’s attention, asking why the signage at Sumner states no dogs are allowed on the beach between November 1 and March 31, but at Scarborough they say dogs are allowed as long as they are under “effective control”. Dogs are not allowed on Sumner Beach during this time because it is a patrolled swimming beach. However, Latham pointed out Scarborough Beach also became a patrolled swimming beach in December. The Sumner Surf Life Saving Club set up its first official patrol at Scarborough for 60 years, which has encouraged more swimmers to the area. However, the dog signage at Scarborough says to keep dogs under “effective control”, which means they are allowed to run on that part of the beach without being on a leash as long as the owner is within a short distance. Latham said he has requested information from the city council on why the signs had not been changed. But changes to the dog rules are not a simple matter. The city council regulates where dogs can and cannot go through the Dog Bylaw, which is due to be reviewed in 2023. The city council has said it will change the signs for the next summer season. “My point was that the signs will still be out of date because the review wouldn’t have taken place by then,” Latham said. RESTRICTED: The signage showing the rules for dogs at Sumner and Scarborough beaches needs to be updated.
Thursday March 3 2022 The Star Latest Canterbury news at starnews.co.nz OPINION 21 Changes to car parking regulations will negatively impact every street Longtime local body politician Helen Broughton is worried about the removal of requirements for on-site residential parking UNAWARE of parking changes? So are the majority of Christchurch residents. There has been a mindblowing lack of transparency on a planning requirement that will negatively impact residential living. The city council was directed by central Government to remove all requirements for on-site residential parking from the Christchurch District Plan by February 2022. The city council did so on February 18 without any paper being referred to council. Consequently there is minimal public awareness. In August 2020, the National Policy Satement On Urban Development required all councils to remove car parking requirements on residential sites from their district plans. This legislation spearheaded by Minister Phil Twyford went through Parliament with an omnibus of other legislation at the end of the previous parliamentary term. The impact of the legislation at the time was largely missed. The bulk of the legislation FUTURE: On-street parking is already a problem in Auckland. We’re likely to see more of it in Christchurch as a result of new planning regulations, which have removed the requirement for off-street parking. PHOTO: ALEX BURTON/NZ HERALD deals with intensification for ‘Tier One’ cities and the parking requirements appear as an afterthought – section 3.8. It is extraordinary that the parking changes apply to all New Zealand – smaller cities like Timaru and Levin cannot require on-site parking. Selwyn and Waimakariri’s residential areas are also included as part of greater Christchurch. Prior to February 18 the Christchurch District Plan required two car parks on site since Environment Canterbury climate-change emergency for suburban density zones and generally one car park on site for the medium density zones. Now a developer can build four to five units on site without car parking space. Residents will experience more cars parking on the streets, making streets unsafe and visually unattractive. The medium density area south of Riccarton Rd is already experiencing problems – cars parked on footpaths, berms and over council plantings, with traffic congestion on the narrower streets originally designed to enhance residential amenity. Regional and district plans must give effect to National Policy Standards. The focus of the 2020 National Policy Statement was to permit apartments of up to six stories in residential areas close to commercial shopping centres for Tier One cities. The Tier One cities are Auckland, Hamilton, Christchurch, Tauranga and Wellington. The city council presented a HAVE YOUR SAY: Share your views on the car parking changes. Email barry@starmedia.kiwi detailed submmission in 2019 arguing against Christchurch being a Tier One city on the grounds there was sufficient land capacity for housing for 30 years, as a lot of rural land had been rezoned residential after the earthquakes. However, the city council’s submision was completely ignored. Councils must modify their plans by August this year and there will be some public consultation. A further alarming development is intensification across the whole city arising from the second National Policy Statement on Urban Development, rushed through parliament by both National and Labour at the end of last year. This merits a topic on its own; however, the three-storied complexes enabled by this policy will compound the difficulties residents will face with the removal of parking. This is the first time that Wellington has dictated so strongly to councils on their district plans. I am very concerned. • Broughton is the Halswell- Hornby-Riccarton Community Board deputy chairwoman, and served on the city council from 2001 and 2013 with a focus on planning. She is accredited to sit on Resource Management Act hearings panels. Wallabies a pest – and a growing problem by sea-level rise this century and threatened and facing increased Perhaps there is value in reintroducing a South Canterbury our productive and protected land pressures due to river system Environment jeopardised by the arrival and change. Wallaby Control Board, which spread of new, exotic weeds and Wetlands are also ecosystems ceased in 1992. The Board got Canterbury Chair pests from warmer climates. at-risk nationally and regionally, the pest down to very low numbers by the early 1990s. Jenny Hughey All these eventualities have degraded by draining, damming to be planned and prepared for, and diversion affecting their MPI estimates the economic impact of wallaby spread could and enhance that work. fleet hybrid or long-range electric and Environment Canterbury ability to sequester carbon, reach an eye-watering $84 WHILE That work THE included sight of a setting wallaby forests. by 2022. They Carbon are causing emissions havoc from will remain in the vanguard of cleanse freshwater and mitigate million a year by 2025, so it’s may up a be climate-change a novelty for many integration in our air travel last remaining across the areas organisation of these climate change efforts. flooding, as well as impacting city dwellers, the reality is this native trees. On farms, they One example is the $40 million biodiversity and mahinga kai. imperative we take this issue programme in the Long-term Plan are offset via our own biodiversity sneaky pest is causing serious compete with livestock for food Waimakariri River flood With biosecurity, we are seriously. 2018-28, ensuring climate change programmes. harm. and ruin agricultural crops. They protection project, completed putting greater emphasis on the If you’re out and about in was actively considered across According to a Madworld report PHOTO: RNZ Since being introduced to New can also foul sheep feed, damage late last year. The network of risks of new pests establishing our wonderful region and see workstreams, increasing visibility in 2019, our gross emissions were Zealand in the late 1800s, mainly fences, and destroy small plants. last two floodgates years. and stopbanks will has been in Canterbury. increasing annually, Warming signs of wallabies outside of the of the science and what we know 2253 tonnes of carbon dioxide for hunting, wallaby numbers A 900,000 hectare containment zone stretches between laby Eradication $8 billion of Programme, community and primary new control land uses The protect MPI-led half National a million Wal- people and with dog temperatures, teams and shooting changing the soils and containment zone, I implore you about the impact of climate (CO2) equivalent, compared with have risen dramatically in recent to report it at reportwallabies.nz. methods. mean new weeds change on Canterbury, and liaising removals of 7883 tonnes of CO2- This includes sightings of their years. Rangitata and Waitaki rivers, launched business July assets 2020, from is a a possible Many especially, of the sightings will be can able be to gain a on the issue with iwi and regional equivalent through our efficiency paw prints, or scat (droppings). The Bennett’s wallaby has potentially spread across 2 million system. There are thousands of includes The regional last major councils, flood the was in of ‘search More and destroy’, broadly, but we have this to and inland to the Tekapo River partnership “super flood”. programme that attributed better to foothold the increased across level the region. partners, other local authorities efforts and from forestry planting However, longer term solutions will require some deeper hectares and central of land government. in Canterbury wallabies across in 2700 this hectares. area. Department December of Conservation, 1957, when parts doesn’t curb detract reliance from on the fossil fact fuels and thought. and As the an Ministry organisation, for Primary we have However, The changing the number climate of wallabies many being risks spotted to life beyond and livelihood that iwi, and Kainga Federated were swamped Farmers. by river pest, and alternatives, vigilance is such extremely as electricity will pose Land of Information Coutts Island New in Zealand, Belfast and that wallabies find environmentally are a persistent suitable If we fail to stop this pest in Industries also made warns significant that, if progress left unchecked, addressing wallabies our own could greenhouse- cover space in Canterbury. is growing rapidly. In recent years in its and tracks, the consequences will Canterbury flow peaking Regional at 3990 Council cubic important. hydrogen, to power our public affect us all. a gas third emissions, of the country with our over the Last we have year, seen there how were occasional, 630 (Environment metres per Canterbury) second (cumecs). holds There transport. are growing calls for next Christchurch 50 years. building receiving a reported but extreme, sightings weather – up from events 405 have Wallabies damage the environment rating by of It’s feasting 5.0 out on of a native 6 in the seed- year In fact, since half of all known Environment sight- within our region, targeting the problem. pest both inside and outside of Canterbury infrastructure around the South in 2020 and 307 the year before. the funds The protection for the control scheme work has been more funding When to my tackle predecessor the Steve “market-leading” energy efficiency had huge effects on residents and designed to defend Christchurch Lowndes retired as chair of from a flood of as much as 6500 However, this council pressing late questions last year, he lings, to February shrubs and on the ferns, National which ings Island. outside the containment prevents the regeneration of zone have occurred in the the containment area. remain about whether other Australian Built Environment The driest parts of our region, cumecs. highlighted some of the big Our work Environment outside of Canterbury’s that zone avenues changes should on also the be way. explored. He was declared a climate-change emergency
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The Star: March 03, 2022

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