Staff harassment costs VTNZ

‘Get your udders out’ is a statement Vehicle Testing New Zealand, Mount Maunganui, senior manager Keith Johnston likely regrets after it cost the business a compensation pay out.

The Employment Relations Authority has awarded Katherine Spakes $10,500 in distress compensation and eight months in lost earnings after she was unfairly dismissed from VTNZ.

VTNZ in Mount Maunganui.

She worked there for five years as a customer services representative, but lost her job in 2011 when she stopped showing-up for work owing to harassment.

The harassment was by senior manager Keith Johnston; he pulled her hair and made derogatory comments.

These actions distressed Katherine, who stopped showing-up for work, leading to her dismissal.

She complained to the Employment Relations Authority that she was unfairly dismissed.

The ERA released its ruling on February 3 with it reciting the main events that led to the dismissal.

Trouble began in August 2010 when Katherine’s ponytail was pulled and her back touched by Keith.

This was followed in March 2011 by a verbal harrassment when Katherine was talking on the phone at work about a ‘cowgirl themed’ hen’s night.

In the call she explained she was not going to be dressing up for the party when Keith entered the office and overheard part of the conversation.

Following the call, Katherine says Keith said: “You don’t need a costume anyway Kate, you can go along mooing. You know, like a cow. Then you can get your udders out.”

The comment was traumatic for Katherine, who stayed at home the following day and then lodged a formal written complaint with VTNZ.

Katherine began to suffer medically due to the stress of the incidents, and sought advice from her doctor.

She was signed off work for two weeks due to anxiety, lack of sleep and depression resulting from the incidents.

She was also examined by a VTNZ nominated doctor, who granted a further two weeks sick leave.

After a meeting with Katherine, VTNZ deemed the complaint was resolved and that she would return to work.

When Katherine refused to return to work, and after three day’s absence, which was covered by a medical certificate, VTNZ informed her if she did not return to work immediately her employment would be terminated.

This occurred and led to Katherine’s complaint to the ERA.

The ERA has found that Katherine was unfairly pressured to return to work and that VTNZ had not resolved all of her complaints as no outcome was achieved regarding them.

VTNZ denied that Katherine had been unfairly dismissed and said her employment was ended by an ‘abandonment clause in her individual employment agreement’.

Katherine, a mother of two, hopes to put the incident behind her.

“I am pleased with the authority’s decision, but only wish I had spoken up more loudly and clearly.

“It is important to speak up loud and clear, and if you’re not confident, to ask someone for help.

“I should have been able to rely on VTNZ to have dealt with (the) inappropriate behaviour, but because of a situation with a former colleague and her dismissal, and the boss in question being moved sideways, I had no trust in the HR department.

“I worked for VTNZ for five years and enjoyed my job; it was a very unfortunate set of circumstances.

“I still attend counselling and think often of my former workplace and dread running into my old boss.”

Tauranga lawyer Warwick Reid says cases such as Katherine’s are difficult to prove and advises any women suffering from any form of harassment in the workplace to speak up.

“Cases of reimbursement for economic loss as a result of psychological injury are exceedingly rare in New Zealand.”

VTNZ has until March 3 to appeal the decision.