KiwiRail Worker Awarded $13K After Bullying Goes Unaddressed

A recent Employment Relations Authority (ERA) ruling has shed light on the importance of addressing workplace bullying and harassment.

David Green, a long-serving KiwiRail employee, was awarded $13,500 in compensation after KiwiRail failed to address his concerns about being bullied by a colleague.

This case underscores the need for organisations to take proactive steps in preventing and addressing workplace harassment.

 

Background

David Green, with 42 years of service at KiwiRail, faced difficulties when a colleague, referred to as “Employee A,” exhibited behaviours that Green perceived as bullying.

These incidents, which occurred over several months, included verbal abuse, threats, and intimidating behaviour.

Despite Green’s attempts to raise concerns with management, KiwiRail’s response was deemed inadequate, leading Green to file a personal grievance.

 

Issues

The key issues in this case revolved around KiwiRail’s failure to address Green’s complaints of bullying and harassment.

The ERA noted that KiwiRail’s harassment and bullying prevention policy provided clear guidelines for defining and addressing such behaviours.

However, the company’s response fell short of these standards, leading to an unjustifiable disadvantage for Green in his employment.

 

ERA Holding

The ERA found in favour of David Green, highlighting KiwiRail’s failure to comply with its own harassment and bullying prevention policy.

The authority emphasised the need for a thorough investigation into Green’s complaints, which was lacking in this case.

While KiwiRail claimed that the specific allegations could not be substantiated, the ERA stressed the importance of conducting a proper investigation to address concerns of workplace bullying.

 

Takeaways

This ruling underscores the importance of organisations taking workplace harassment and bullying seriously.

Employers must have robust policies in place to prevent and address such behaviours, ensuring the safety and well-being of all employees.

It also highlights the need for thorough investigations and appropriate follow-up actions when complaints are raised.

 

 

If you are an employer looking to update your harassment and bullying policies or a victim of such behaviour, please get in touch with the team here at Watermark Employment Law – we would love to assist you in the matter.

We are proud to offer initial consultation calls free of charge.

 

Watermark Employment Law are specialist employment lawyers acting for employers and employees.