| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2017] NZERA Wellington 16 |
| Hearing date | 1-Mar-17 |
| Determination date | 16 March 2017 |
| Member | T Tetitaha |
| Representation | J Greally ; P May |
| Location | Wellington |
| Parties | Cowan v 900 Degrees NZ 2008 Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - Respondent claimed unjustifiably disadvantaged by manager’s bullying - Telemarketer |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE: Manager’s comments and accusations of applicant’s dishonesty intended to intimidate applicant into stopping allegations about manager’s daughter’s theft. Comments were said in public place in front of work colleagues. Comments belittled applicant and outside of normal behaviour expected of manager. Applicant was singled out for performance issues. Manager and daughter bullied applicant. Applicant’s right to safe workplace breached. Respondent unjustifiably disadvantaged. REMEDIES: No contributory conduct. Respondent to pay applicant reimbursement of lost wages during unpaid leave, quantum to be determined. $5,000 compensation appropriate.UNJUSTIFIED DISADVANTAGE: Manager’s comments and accusations of applicant’s dishonesty intended to intimidate applicant into stopping allegations about manager’s daughter’s theft. Comments were said in public place in front of work colleagues. Comments belittled applicant and outside of normal behaviour expected of manager. Applicant was singled out for performance issues. Manager and daughter bullied applicant. Applicant’s right to safe workplace breached. Respondent unjustifiably disadvantaged. REMEDIES: No contributory conduct. Respondent to pay applicant reimbursement of lost wages during unpaid leave, quantum to be determined. $5,000 compensation appropriate. |
| Result | Application granted ; Reimbursement of lost wages (quantum to be determined) ; Compensation ($5,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A(2) ; ERA s103A(3) ; ERA s124 ; ERA s128 |
| Cases Cited | Clark v Northland Polytechnic Council [1999] 1 ERNZ 270 (EmpC);Edmonds v Attorney-General [1998] 1 ERNZ 1 (EmpC);Goodfellow v Building Connexion Ltd [2010] NZEmpC 82;Isaac v Chief Executive of The Ministry of Social Development ERA Auckland AA200/08, 5 June 2008 |
| Number of Pages | 11 |
| PDF File Link: | 2017_NZERA_Wellington_16_amended.pdf [pdf 188 KB] |