Former waitress contests sacking

Press, 13 April 1984, Page 11

Former waitress contests sacking

A waitress at the Allegro Restaurant was dismissed last year after an incident in which a waiter was caught stealing beer, the Arbitration Court heard yesterday.

Judith Morrison had been in a locker room when the restaurant manager at the time, Mr Michael Clarke, then aged 20, came downstairs.

Mr Clarke had caught a waiter with several bottles of beer concealed in his coat. The waiter admitted taking the beer, Mr Clarke said in evidence yesterday, and had been suspended for two days so that the situation could be assessed. Mr Clarke said that soon after he had questioned Miss Morrison “pretty aggressively.” He had asked her what she was doing condoning the waiter’s theft. Miss Morrison had replied that she had nothing to say, she did not want to get involved. Mr Clarke said that Miss Morrison had told him to “get stuffed” and was dismissed for insubordination.

Miss Morrison denied saying that. The Canterbury Hotel Workers’ Union, acting on her behalf, claimed that Miss Morrison was unjustifiably dismissed. The union, represented by Mr A. A. Couch, sought for Miss

Morrison the sum of $1707 in loss of earnings as well as compensation because of the manner in which she was dismissed and the implied dishonesty related to it.

The restaurant’s owners were represented by Mr A.J. Davis.

The court comprised Judge N. P. Williamson and Messrs E. W. J. Ball and T. R. Weir. It reserved its decision. Miss Morrison, who is now a clerk with the Inland Revenue Department, gave evidence that she had worked at the restaurant as a full-time waitress from April to July, 1983. In June, Mr Clarke had given her a written warning to the effect that she should improve her attitude, dress, and service.

On the night of her dismissal, she had been in the changing room getting ready to go home. She had heard the waiter, who was also in the basement area, walk away and then the clinking of bottles. She thought nothing of it, and said that for all she knew the waiter might have been fetching beer from the storeroom to take up to the restaurant. Mr Clarke had arrived and confronted the waiter about the theft of the beer. She said that Mr Clarke

had been quite angry and upset. Soon after, in an aggressive manner, he had asked her what she knew about the theft. Miss Morrison said that she had been dismissed after being unable to tell Mr Clarke about the theft. Mr Clarke told the Court that he had not been happy with Miss Morrison’s performance as a waitress.

On the night of her dismissal, he had found her and the waiter in the basement area, and the man had admitted stealing the beer.

Mr Clarke admitted that he had been "pretty aggressive” towards Miss Morrison. She had been dismissed for insubordination after allegedly telling him to “get stuffed.” The waiter had not returned to work at the restaurant.

The two owners of the restaurant, Messrs R. F. Birchall and H. Lunden, both gave evidence that they felt that Miss Morrison’s work had not been up to standard.

They had talked to the waiter and Miss Morrison about the standard of their work, and so had Mr Clarke.

A former maitre d’ at the restaurant, Mr Christopher Wilkins, told the court that Miss Morrison had carried out the job of a waitress “capably.”