A dispute over abandoned ducklings took a dark turn at the Otira Stagecoach Hotel, resulting in an assault on one of the employees by the hotel’s owner.
The incident, which occurred in November 2018, sparked legal proceedings and a ruling by the Employment Relations Authority (ERA), shedding light on the importance of workplace safety and accountability.
Background
John Wright, a cook and duty manager at the Otira Stagecoach Hotel, was entrusted by the hotel’s owner, Rowntree, to care for abandoned ducklings while he was away.
Upon his return, Rowntree discovered that the ducklings had not been properly cared for, leading to a heated confrontation between him and Wright.
The disagreement escalated, culminating in an alleged assault by Rowntree on Wright.
Issues
The incident raised questions about the truth of what transpired between Wright and Rowntree.
Wright claimed that Rowntree assaulted him by “grabbing his head and bashing it into a door,” while Rowntree contended that Wright had fallen over while intoxicated.
The conflicting accounts of the incident, along with the severity of Wright’s injuries, highlighted the need for a thorough investigation.
ERA Holding
According to ERA member Peter van Keulen, “For Mr. Rowntree’s version of events to be correct Mr. Wright must have either fabricated the assault knowing he tripped twice or he must have not known he tripped twice and assumed he had been assaulted.”
Van Keulen added, “Mr. Wright’s evidence is that he was continually fearful of Mr. Rowntree after the assault and this caused him to behave differently even in his own home, he was humiliated by what occurred and this (was) particularly problematic given the small community he lived in.”
Van Keulen held the assault was a “serious breach of duty” and that not returning to work was a foreseeable and understandable consequence of the breach.
The authority awarded Wright $34,000 in compensation for the incident and $8000 in lost wages.
Takeaways
This case underscores several important takeaways:
- Workplace Safety: Employers have a duty to ensure the safety and well-being of their employees. Assault or violence in the workplace is unacceptable and can have serious legal consequences.
- Employee Rights: Employees have the right to work in an environment free from harassment or violence. Any incidents of assault or misconduct should be reported and addressed promptly by management.
- Support for Victims: Victims of workplace assault or harassment should receive appropriate support and compensation for any physical or emotional harm suffered. This may include counselling and financial restitution for lost wages or medical expenses.
If you are unsure about your rights as an employee or obligations as an employer, please get in touch with the team here at Watermark Employment Law – we would love to assist you in this matter!
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Watermark Employment Law are specialist employment lawyers acting for employers and employees.
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