Raising Health & Safety concerns leads to loss of job...

Ignoring a manager’s health & safety concerns held not to be the actions of a fair and reasonable employer.  The Employment Relations Authority has upheld an employee’s claim for an unjustified disadvantage and awarded lost wages of $5,400 and compensation for hurt and humiliation of $7,000.

The employee was engaged as a manager of a licenced premises. She raised concerns over fire exits being obstructed by boxes stacked over the exits, an exit door not unlocking during a fire alarm and the emergency plan not giving proper instructions.  The emergency plan required patrons to assemble in the car park but the premises did not have a car park.

The manager also raised concerns about the serving of alcohol to intoxicated patrons.  She found as a result that her hours were reduced on rosters to the point where she was given no shifts at all and the alarm code was altered without her knowledge.  Although she was never actually “dismissed” the ERA held that she was effectively out of work due to the lack of rostered shifts and therefore awarded her lost wages until she found a new position.

In addition to the employment issues over the way she was treated this case raised serious issues about the Health and Safety procedure of this workplace.

1. Fire exits were blocked.
2. Fire exit doors did not unlock in a fire alarm situation as they were supposed to do.
3. The emergency plan had little relevance to the actual premises.  It may have been a cut and paste but no one had given much thought to its application to the building occupied.  To be appropriate an emergency plan musts be effective.  Check out your business plan to ensure it fits your circumstances.
   Alan Knowsley

Employment Lawyer Wellington