Disrespectful behaviour leads to constructive dismissal…

The Employment Relations Authority has upheld a claim for constructive dismissal after an employee resigned following disrespectful behaviour by her employer.  The employee alleged that it included sexual harassment and other rude behaviour.  The ERA did not accept the claims of sexual harassment, but upheld the allegations of rude and disrespectful conduct towards the employee.

The Employment Relations Authority held that this behaviour was unacceptable and in breach of the duty of good faith, because the comments made to the employee were derogatory and abusive and were done in front of others.  The ERA found that although the employee tolerated this unacceptable and distasteful behaviour at first, she should not have had to endure such behaviour.

The ERA awarded $4,800 in lost wages and $15,000 compensation for hurt and humiliation.

In addition the employer was fined $2,000 for failure to provide an employment agreement and failing to provide wage and time records when requested.  $1,000 of that penalty was to be paid to the employee.

Alan Knowsley

Employment Lawyer Wellington