Employee unjustifiably dismissed after being assaulted by her employer…

An employee working as a floor manager at a Karaoke Bar has had her position terminated after being assaulted by her employer. The employer threw a bottle of water and a box of chocolates at the employee who suffered a cut to the face, and bruising and swelling.

The Employment Relations Authority upheld the employee’s personal grievance claim for unjustified dismissal.

The ERA concluded that the assault was absolutely unacceptable, and had irreparably damaged the trust and confidence in the employment relationship.

The ERA ordered the employer to pay the employee $8,000 for lost wages and $1,480 in wage arrears and holiday pay plus $8,000 in compensation for humiliation, loss of dignity and injury to feelings.

The employer was also ordered to pay a $1,000 penalty to the ERA for not providing the employee with a written employment agreement.

Alan Knowsley

Employment Lawyer Wellington

Employee awarded over $10,300 after being dismissed without notice…

An employee working as an office administrator has had her position terminated after her employer moved the business to another premises without informing her of the new address. The employer did not ask the employee to work at the new premises, and did not reply to the employee’s messages asking for confirmation of her employment status.

The Employment Relations Authority upheld the employee’s personal grievance claim for unjustified dismissal.

The ERA held that the employer’s conduct amounted to a dismissal without notice.

The ERA concluded that the employer had no substantive reason to dismiss the employee, and noted that no process was followed when terminating the employee.

The ERA awarded the employee over $1,300 in outstanding wages and holiday pay, and over $5,000 for lost wages plus $4,000 compensation for humiliation, loss of dignity, and injury to feelings.

Alan Knowsley

Employment Lawyer Wellington

Discrimination gets employers in trouble…

Discrimination by employers relating to women wearing headscarves for religious reasons has landed a few employers in hot water as it is unlawful to discriminate on grounds of religion. 10 complaints of this nature were reported to the Human Rights Commission over the last two years.

Two of those complaints included women who were told during job interviews that their headscarves were unsuitable for the prospective job. One woman was told due to health and safety regulations, wearing her headscarf was not appropriate. When she provided other ways she could wear her headscarf to better suit those requirements, the suggestions were ignored. Health & Safety was not actually a real factor in the discrimination. Both of the companies involved endeavoured to make amends after the incidents and both stated that the beliefs of the employees doing the hiring in the interviews were not the beliefs or values of their companies.

It is against the law to discriminate against employees or prospective employees on the basis of age, race or colour, ethnicity or national origins, sex, sexual orientation, disability, religious or ethical belief, marital status, employment status or political opinion.

There are some exceptions when hiring a potential employee where discrimination may be justified, for example, when hiring an actor for a specific role; age, race or gender may be taken into consideration. Some governmental or political jobs or jobs involving national security may also involve discrimination based on religious or ethical beliefs, or political opinions.

Employers must be careful not to ask questions or take actions that indicate discrimination on one of the prohibited grounds. If an employer suspects discrimination between employees then action should be taken to deal with the behaviour. A failure to act can get the employer in trouble.  If an employee feels discriminated against, they should raise this with their employer as soon as possible to give the employer a chance to fix the situation. If it is not resolved they should seek advice from an experienced professional.

Alan Knowsley

Employment Lawyer Wellington

Employee unjustifiably dismissed for arguing with supervisors…

An employee working as a delivery driver was dismissed after the end of her shift for arguing with both of her supervisors.

The Employment Relations Authority upheld the employee’s personal grievance claim for unjustified dismissal.

The ERA found that no process was followed when the employer terminated the employee’s position. The employer did not investigate the allegations against the employee and failed to raise its concerns with the employee before deciding to dismiss her. The employee was given no reasonable opportunity to respond to the employer’s concerns, and the employer was thus unable to genuinely consider the employee’s explanation for her conduct.

The ERA noted that these defects in the process were significant and had resulted in the employee’s unfair treatment.

The ERA ordered the employer to pay the employee over $3,900 for lost wages plus interest, and $7,500 compensation for humiliation, loss of dignity and injury to feelings.

Alan Knowsley

Employment Lawyer Wellington