An employee working as a social worker
has resigned after experiencing what she considered to be sustained and
relentless bullying by her manager. The employee complained about the bullying
to her employer who responded by reappointing the employee to a new position, facilitating
meetings, and by holding a team building day. The employer also required the
manager to attend a bullying in the workplace workshop in an attempt to resolve
the situation.
The Employment Relations Authority held
that the employer had failed to act as a fair and reasonable employer could in
the circumstances by failing to respond appropriately to the employee’s complaints.
The ERA held that the employer should
have undertaken an investigation into the matter, and should have regarded the
employee’s concerns as a formal complaint.
The ERA noted that employers have a
responsibility to eliminate or minimise workplace stress and offers of
counselling and other assistance, although reasonable, did not deal with the
cause of the employee’s stress and were insufficient to resolve the problem.
The ERA ordered the employer to pay the
employee $14,000 in compensation for hurt and humiliation.
Alan Knowsley
Employment Lawyer Wellington
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