A former employee of Virtuoso Strings Charitable Trust has just been awarded over $30,000 by The Employment Relations Authority (ERA) for hurt and humiliation.
She was yelled at and later found the locks changed at her workplace after returning from sick leave.
This case highlights the importance of robust dispute resolution processes and need for mature and empathetic communication within an organisation.
Background
Mere Faraimo worked as an events and public relations coordinator for the Virtuoso Strings Charitable Trust from April 2020 to March 2022.
During her tenure, she faced verbal abuse from a coworker on two occasions, who called her a “liar” and a “b****.” Faraimo made a formal complaint, resulting in a meeting with the coworker, but no resolution was reached.
Five months later, after raising the issue again, her complaint was dismissed by a board member stating, “we can’t turn the clock back” and assuring her that the issue had been resolved.
Stressed by the unresolved issues, Faraimo went on sick leave. As her leave ended, she received an email from the board denying further leave and indicating her role was under review.
In January 2022, she returned to find herself locked out of work, with no access to the building or electronic systems.
The board claimed the locks were changed because there was no work for her.
Issues
Faraimo took her case to the ERA, claiming unjustified dismissal and that the trust had failed to investigate her complaint.
The trust argued the role was disestablished for genuine business reasons, including cost savings.
ERA Holding
The ERA found that the trust’s actions were insufficient and did not constitute a meaningful response to Faraimo’s serious concerns. “The trust’s insistence that Ms Faraimo’s complaint had been resolved is unsupportable in the face of the lack of evidence,” the decision stated.
Additionally, the ERA revealed that a complaint against Faraimo from June 2021 was hidden from her, depriving her of the chance to respond. “This amounts to an unjustified disadvantage,” the authority ruled.
The changing of the locks and barring Faraimo from the workplace was also deemed an unjustified suspension. “The trust breached Ms Faraimo’s right to work,” English stated. Proper procedure would have been to consult with her, not to lock her out.
Faraimo was awarded $25,000 for humiliation, loss of dignity, and injury to feelings, plus $10,571 in lost wages.
Takeaways
This case highlights the importance of handling complaints properly and clear communication in the workplace.
Employers should review their complaint handling and communication processes to ensure they are fair and transparent.
Employees who feel their complaints are not being addressed should seek advice from legal professionals to protect their rights.
If you find yourself in a similar situation, whether as an employee or an employer, please reach out to 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.
09 532 8211