Kindy teacher awarded $30k for hurt and humiliation in 'ground-breaking' workplace bullying case

April 11, 2019
Unidentified girl at kindergarten.

A kindergarten teacher has been awarded $30,000 for hurt and humiliation in what her advocate says is another ground-breaking ruling in a workplace bulling case.

CultureSafe NZ, a Hamilton organisation that advocates for victims of workplace bullying, represented South Island kindergarten teacher Jane Barnes after she alleged she had been bullied by her head teacher in May 2015.

Ms Barnes was dismissed on medical grounds. 

But having heard the case, the ERA has awarded her $30,000 for hurt and humiliation, the lost benefit of the employer contribution to the superannuation scheme, and two years discretionary sick leave and costs. 

The ruling comes almost two years after a similar case heard by the ERA where a North Island kindergarten teacher alleged she had been bullied by the head kindergarten teacher. That woman was dismissed by the kindergarten after she refused to return to work under her head teacher because she felt unsafe.  

The ERA determined that dismissal was unjustified and awarded the woman $15,000 humiliation compensation. 

CultureSafe NZ director Allan Halse said that amount is double what was about the usual amount awarded in these cases.

"So this ruling and the compensation is far beyond what we've seen before in a workplace bullying case heard by the ERA," Mr Halse said.

The latest case is "symptomatic of what's happening every day in New Zealand and no employee is immune to workplace bullying," he said.

Mr Halse said the latest case has highlighted the fact that if a bullied worker is allowed to provide evidence, they can win cases. 

"Very often we see some ERA members, particularly in Auckland, still using the 90-day inadmissibility rule which means that you can't use evidence if you hadn't raised a personal grievance within 90 days of each incidence of bullying. 

"That, in my opinion, is nonsense. Any complaint to your employer that states what is wrong and what is required to fix it, is in fact a personal grievance and you don't have to use the words 'personal grievance'. 

"The 90-day inadmissibility rule favours only the bullies and the employers who enable and condone that bullying."

Mr Halse said the ruling sends a clear message to employers and organisations that they cannot force staff to work in an unsafe working environment.  

"Unfortunately, we deal with a lot of employers who don't like to follow legitimate processes and this occasion is a good example of that," he said. 

"We're incredibly pleased to see the ERA pass down this important ruling, which employers should heed." 

Mr Barnes said she had finally received vindication and justice after four years.

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