| Summary |
UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed victim of segregation, harassment, and bullying from co-workers – Respondent argued grievance not raised in time and applicant did not raise further concerns after final warnings issued to co-workers responsible – Applicant argued unpleasant office atmosphere due to resentment co-worker (“C”) had towards general manager (“B”) for action B took against co-worker with whom C had relationship – Applicant argued close working relationship with B perceived by C and co-workers as a personal relationship – Applicant argued deeply upset by exclusionary behaviour by co-workers “D”, C and “W” – Applicant raised concerns with B who agreed to observe co-worker’s behaviour – B complained to own manager on behalf of applicant – B discovered emails from co-workers which Authority found to be clearly racist and sexually derogatory – B and human resources officer (H") sought guidance from human resources manager (“K”) as argued safety concerns for B, H and applicant once complaint known to D and C – K argued forwarded B’s complaint to managing director (“M”) – Second complaint made by H to K about behaviour of C and D – M argued received complaint from H not B – M issued D and C with final warning letters when allegations not denied – Letters stated warnings for misuse of company email, bullying and harassment – M argued final warning and not dismissal appropriate because behaviour unaddressed for some time, poor performance of office, and complaints from staff about B’s leadership – Authority found M unable to give answer when asked how conditions argued led to behaviour by D and C – Applicant made further complaint to H arguing being ignored by D, C and W made it impossible to do job effectively – Applicant argued D, C and W visibly laughed about effect of their behaviour on applicant – Applicant claimed suggestion to work from home rejected by K and K unsympathetic – New manager charged with improving culture in workplace – Authority found as new manager not shown emails unable to place events in context – Applicant stated at exit interview workplace culturally negative with a lot of segregation and racism – Authority found evident sufficient matters of concern for respondent in applicant’s exit interview – Authority found C subsequently promoted to level above applicant – M argued had no difficulty reconciling promotion with earlier warning – Applicant argued told new manager co-workers behaviour continued and felt C being rewarded for bad behaviour – Authority found applicant conveyed concerns about co-workers behaviour but that did not raise personal grievance – Authority found respondent knew through K that applicant had been subject of offensive and discriminatory emails – Authority found no process put in place to ensure no repetition of unpleasant and improper behaviour – Found no suggestion apology be forthcoming from co-workers or respondent – Found no monitoring of emails to ensure behaviour ceased – Found respondent having made decision not to dismiss had responsibility towards other staff and obligation to provide safe workplace – Found respondent failed to ensure safe workplace as bullying and harassment continued – Dismissal unjustified – Remedies – No contributory conduct – Authority found applicant entitled to three months reimbursement of lost wages – Found $4000 compensation appropriate for distress and humiliation suffered – Junior Programme Manager" |