An
employee was pressured into resigning after she was bullied by her manager. The
manager had previously received a number of complaints from other staff.
The
Employment Relations Authority upheld the employee’s personal grievance claim
for unjustified dismissal.
The
employee was placed on special leave while the complaint was investigated and
was asked to take part in a ‘guided mediation meeting’ with all staff present,
during which she received no apology or admission of bullying from the manager.
The employer told the employee that any acknowledgement of wrongdoing or
recognition of the adverse effect of the manager’s behaviour on the employee
was never going to happen.
After
mediation also proved unsuccessful, the employee was given the choice between
resigning or returning to work and being subject to a work plan in full and
final settlement of her complaint. When
the employee failed to respond to the settlement offer, the employer took her
silence as resignation.
The
ERA found that the employer had failed to act as a fair and reasonable employer
could in all of the circumstances, and awarded the employee 17 months’ lost
wages plus $15,000 in compensation for hurt, humiliation and loss of dignity.
The
award made in this case is significantly higher than the usual amount paid out
to employees, and could act as a precedent in future cases to justify a higher
pay out to victims of workplace bullying.
Alan
Knowsley
Employment Lawyer Wellington
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