Motueka Restaurant ordered to pay $5K for Facebook Posts

A Motueka restaurant has been ordered to pay $5000 to its sacked worker after posting Facebook comments calling her a “money hungry b**ch” and saying she was “going to bleed us dry”.

Sarah Hunter, a chef and waiter at the Mot Hot Roasts restaurant and delivery business, was employed in August 2013 on a permanent full-time basis.

In November 2013 the company director, Shane Holtham, told Ms Hunter she was no longer required to work because the work had dried up and her employment was terminated immediately. Mr Holtham later commented that he ended her employment because of poor work performance.

Ms Hunter says that she was very stressed and shocked at being dismissed and that it was once she consulted a lawyer who wrote to Mr Holtham that he made his post on Facebook.

In his post on Facebook, Mr Holtham, amongst other things, said “some b**ches are just greedy” and that he would let the rest of Motueka’s cafes and restaurants know about her and to watch out for her.

Ms Hunter said that she was very upset when she read the message which was horrible to read. She felt that everyone in Motueka would know that it was her that the post was about, despite her not being named, because she was the only female employee who worked during the day. She felt that she was being attacked by Mr Holtham and that it was intimidating.

Employment Relations Authority member Christine Hickey accepted Mr Holtham’s evidence that he was angry when he posted what he did on Facebook. She said it was an unnecessary attack but also accepted that he later regretted what he had done and that he took down the post on the same day. Mr Holtham apologised profusely at the hearing.

Ms Hunter says that no fair process was followed. Ms Hickey agreed and awarded compensation for the unjustified dismissal and the aggravating effects of the Facebook post on her of $5000. She was also awarded $1105 in unpaid wages and notice.

This case is another timely reminder of the need to follow correct process. Mot Hot Roasts did not raise its concerns with Ms Hunter before dismissing her; did not give Ms Hunter a reasonable opportunity to respond to its concerns before dismissing her; and did not genuinely consider Ms Hunter’s explanation in relation to the allegations against her before dismissing her. To make matters worse, Ms Hunter did not have a written employment agreement at the commencement of her employment.

Mot Hot Roasts has since closed down.