Rest Break Give Employee Leave Premises

16/10/2012

2012

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.

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