Sushi shop kitchenhand who was fired for 'insulting her elders' by refusing to reduce her holiday is awarded $12,500

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A sushi shop worker has been awarded $12,500 after she was denied her already approved annual leave and then unfairly fired for 'insulting her elders'.

Sarah Beaney had worked at Raw Sushi in Wellington in New Zealand for five years before she was asked to cancel her Christmas holiday just two days prior to taking the leave because the shop was 'too busy'. 

According to the Employment Relations Authority judgement Ms Beaney had asked for one week off in December 2017 and a second week off in February 2018.

When shop owners Hyun Ji Kim and Jin Ho Nam asked Ms Beaney to decrease her days off during the festive season Ms Beaney agreed on one condition.

(File picture) Sarah Beaney was an employee at Raw Sushi in Wellington in New Zealand for five years before she was asked to cancel her Christmas holiday

She asked for her time off in February to remain the same and asked for further time off during Easter, stuff.co.nz reported. 

But when she was due to take her February holiday Ms Beaney claimed she was told not to take the leave because the shop was 'too busy' - even though she had already made the arrangements for the leave.

The Raw Sushi employers also demanded she did not take her pre-agreed Easter holiday off, Ms Beaney claimed.

Mr Nam rebuffed Ms Beaney's claims and stated he had just asked her to postpone her leave and described her refusal as 'not pleasant'. 

But when Ms Beaney returned to work after her time off she was met with a frosty atmosphere.

Mr Nam's wife, Ms Kim, refused to talk to her or acknowledge her. 

(File picture) The Employment Relations Authority judgement found Ms Beaney had been unfairly dismissed by Raw Sushi 

Ms Beaney said she was made to feel uncomfortable and sought her mother Jan Teikamata's advice.

Ms Teikamata later went into the shop to ask about the animosity towards her daughter. 

Mr Nam described Ms Beaney and her mother's behaviour as disruptive and argued Ms Kim had been offended by Ms Beaney's refusal to reduce her annual leave because in her culture elders were not disagreed with.

Mr Nam then asked Ms Beaney not to come into work, a request she ignored, and when she arrived her offered her a new employment agreement.

But on the final page of the new agreement, which was due to commence the next day, it claimed Ms Beaney was wrong for involving her mother and stated she needed to apologise for leaving the shop without permission when she was upset.

(File picture) Raw Sushi to pay out $12,500 in compensation and a further $71.56 for filing fees

In late March Ms Beaney received a letter claiming she had not given customers required information and was asked to do so in the future.

But just under one week later Ms Nam dismissed Ms Beaney via a written letter.

The letter thanked Ms Beaney for her time as an employee and said the employer was 'very sorry'. 

It also claimed Ms Beaney had been dismissed because of a loss of trust in the working relationship which had also adversely impacted the working environment. 

The Employment Relations Authority refuted Mr Nam's dismissal claims and found the firing was actually due to Ms Beaney's decision to take time off.

It stated she was entitled to take leave and no evidence supported Mr Nam's claim she had behaved inappropriately.

The body found Ms Beaney was not fairly dismissed and ordered Raw Sushi to pay out $12,500 in compensation and a further $71.56 for filing fees.