The Man Reviewing Every Fish and Chip Shop in Christchurch

Assignment Task

Clara is employed as a kitchen hand at a local fish and chip shop. The fish and chip shop is owned by Antonia and Diego, who run the business through a company, Antiego Crispy Fish & Chips Pty Ltd. Sometime in January 2024, whilst working at the fish and chip shop Clara slipped on some oil on the shop floor and tumbled forward breaking her wrist as she fell and injuring her hand and wrist.

Antonia saw what happened and she immediately took Clara to a nearby hospital, where she was treated. When filling in the forms at the hospital, Antonia stated that Clara was not an employee but just a ’casual worker’ and that as such Clara was responsible for her medical bills though in this instance, Antonia would help pay for medical bills.

A week later some Inspectors from the local shire visited the premises of Antiego Crispy Fish & Chips Pty Ltd for a scheduled inspection. Diego told them that he had forgotten about the notice which was sent to them and asked if they would come back another day as it was a ‘really busy day and their hands were full’. The Inspectors rejected this and proceeded with their inspection upon which they found several anomalies which could have serious health implications for workers and customers. The premises were generally not clean and questionable methods are used to store and prepare food. There were no signs or instructions on handling any of the commercial kitchen equipment and the one of the cooks was not wearing the correct footwear.

The Inspectors interviewed some of the staff including Clara who informed them that she had not received any form of training and had started working the same day she took in an application as they were short-staffed.

The Inspectors later recommended Antiego Crispy Fish & Chips Pty Ltd be closed until such a time that they adhered to the correct standards in accordance with the relevant laws.

Not wanting to waste any of the food that they had, Antonia and Diego decide that rather than let the fruit and vegetables they had go to waste, they would instruct Clara to put up a stall at the street corner, at the intersection with a busy street and sell the fruit and vegetables. The sales go well and Clara is happy that she will still able to work while the fish and chip place is closed.

Meanwhile, the state government has been concerned about the increasing health hazards of selling fruits and vegetables from stalls as there has been an increase in rates of food poisoning which has in turn caused a growth in Hepatitis A infection rates. Hepatitis A is spread when traces of faecal matter containing the virus contaminates hands, objects, water or food and is then taken in by mouth. Symptoms of Hepatitis A include abdominal pain, nausea, fever and chills and jaundice.

In response to this new threat the Government passed the Produce Sales Act 2023 [a fictitious Act], section 34 of which provides: 34. Councils may make by-laws (i) regulating the sale of vegetables and fruit and cooked food in a street.

In response to the Act the local City Council made a series of local laws including local law 45 [a fictitious local law] which states: 45. A person shall not sell or display for sale in a street bananas, apples, tomatoes, lettuces, onions or similar vegetables or fruit. Penalty: $1500.00

As a result of these laws, Antonia and Diego ask Clara to sell the fruit and vegetables (which actually come from their farm) from a friend’s shop balcony instead of the street. They now ask Clara to sell chips and fish in addition to the fruit and vegetables (they still had a lot of potatoes and fish in stock).

Several days later, Antonia and Diego t/a Antiego Crispy Fish & Chips Pty Ltd receive a summons alleging a breach of local law 45. Antonia is quite upset but is convinced that even if local law 45 is valid, it does not apply to the selling of products from a balcony.

You are the evaluator of these incidents. Please assume that this scenario has occurred in the State you live in. Write a report to the Management Team in relation to the aforementioned parties covering their liability and/or claims and identify any breaches of other relevant legislation. Your report should also contain a discussion of the rules of statutory interpretation. Your report must contain recommendations as well.

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