Authority rules that employer also wanted to cut cost in dismissing him
A painter who was fired for refusing to carry out additional unpaid work has won more than $30,000 after the Employment Relations Authority (ERA) ruled that he unjustifiably dismissed.
Enrique Ilano was a painter hired by Jono Decorators Limited on November 14, 2022, and worked there for five days a week with a pay of $32 per hour.
His employment relationship problem began when one of their customers were unhappy with Ilano's work at a block of seven units in March 2023.
Jonathan Murillo, sole director of Jono Decorators, instructed Ilano to return and fix the painting problem on a Saturday on an unpaid basis. He argued that this was because he had already paid Ilano for doing the initial work and he refused to pay him again because the painter had to re-do the job after the client's dissatisfaction.
The sole director added that he had no obligation to keep paying Ilano as their client also did not pay them for the job, a matter Murillo said he was "very upset" about.
Ilano declined to do unpaid work for Murillo, while also accusing his director of blaming others' poorer work on him.
Ilano's termination
By March 22, Murillo informed Ilano via text that he only had until the end of the month to keep working, which the director confirmed that was his way of dismissing the painter.
A day after, Ilano received a call from Murillo who asked him to do another job.
But the painter refused again as it was unpaid and after his usual working hours, and even amid Murillo's threat of not paying him salary and telling him that he should no longer come to work.
As a result of the situation, Ilano's employment relationship with Jono Decorators ended days earlier than initially planned. He raised the matter to the ERA, accusing Jono Decorators of unjustified dismissal.
ERA ruling
The ERA ruled in favour of Ilano in the case, noting how his employer failed to give him an opportunity to respond to the allegations of poor workmanship before dismissal.
"Jono Decorators failed to sufficiently investigate the allegations of poor work raised with M.r Ilano," the ERA said in its ruling.
It also failed to give him a reasonable opportunity to respond to those concerns, and it failed to genuinely consider his situation or explanations before dismissing him."
The Authority also uncovered how Murillo previously attempted to reduce Ilano's pay to $28 per hour, a deal the painter refused.
This led to the ERA concluding that Ilano was not only fired because of his refusal to do unpaid work for an unsatisfied customer.
"Rather, he was dismissed at least in part because Mr. Murillo had formed the view that his agreed hourly rate was too high, and Mr. Murillo was looking for ways to reduce this cost to the business," the ERA said.
As a result, Jono Decorators has been ordered to pay Ilano $6,400 as remuneration, $20,000 as compensation for hirt, $2,336 for 73 hours of unpaid work, $186.88 of holiday pay, and $1,400 for the unpaid holiday pay due at the end of the employment.
