Rest Break Give Employee Leave Premises

Posted on: Oct 16, 2012

An employee who, while she was on duty as bar manager, left the premises for only a few minutes to attend to personal matters was dismissed justifiably for serious misconduct.

The employee’s employment agreement provided that serious misconduct included a failure to comply with liquor licensing laws, and the law required that when liquor was being sold a manager had to be on duty. The employee sought to excuse her conduct by pointing out she had no rostered work break. The Authority observed the employer was not obliged to actually roster breaks and that in any case the obligation to allow a rest break did not extend to an obligation to permit an employee to leave the workplace in order to have the break (Broughton v Portage Licensing Trust [2012] NZERA Auckland 179).

Disclaimer

This article, and any information contained on our website is necessarily brief and general in nature, and should not be substituted for professional advice. You should always seek professional advice before taking any action in relation to the matters addressed.

Disclaimer

This article, and any information contained on our website is necessarily brief and general in nature, and should not be substituted for professional advice. You should always seek professional advice before taking any action in relation to the matters addressed.

Subscribe to Newsletter

Changes

Changes

After recently assisting clients from different industries with different types of changes to their businesses, in both adding and removing roles or simply changing duties for some employees, I reflected on my own work history and the changes I had experienced over the last 40 years, including reference points at different stages of my life and how they impacted decisions I made or how I viewed change…

Read More
4691

4691

As we find ourselves in yet another level 4 lockdown, I have reflected on my mediations post lockdown this time last year.

Read More
4685

4685

Money, money, money. A concept that both employers and employees can probably agree is one of the most important elements of working and business, and also something that can get stuck in your head, either in a good way or a bad way (similar to an ABBA song). 

Read More
PREV NEXT