The Employment Relations Authority has upheld a claim for
unjustified dismissal after an employee complained of bullying by management.
The Employment Relations Authority held that the employer failed
to provide a safe workplace because it did not provide support to the employee
who complained of bullying and failed to properly investigate the
allegations. Instead it sacked the
worker for taking excessive time off following the allegations.
The employee was called to attend a meeting to investigate
the time he had taken off, allegedly ill due to the bullying, but was only
given 24 hours’ notice of the meeting.
When the employee advised that he could not attend the meeting the
employer’s response was to accuse the employee of multiple failures to attend
meetings, but the ERA found that no other meetings had been arranged or
offered.
The ERA ordered compensation for hurt and humiliation of
$35,000 and payment of $32,900 in lost wages.
If an employee raises a complaint of bullying, then the
employer must fully and fairly investigate the allegations and provide support
to the worker during and after the investigation, so the employer has done all
practical steps to provide a safe work place.
Employees need to raise matters with their employer as
soon as possible to give the employer a reasonable opportunity to deal with the
alleged bullying. The employee did so here, but the employer did not deal with
the allegations properly.
Alan
Knowsley
Employment Lawyer
Wellington
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