Racist comments and discrimination results in $27,000 penalty for employer…

Three employees brought claims against their employer in the Employment Relations Authority after being subject to racist comments from their employer. 

The employees were on site when their manager was unhappy with their work and swore at them. The manager used the words “you people” referring to their racial background as all three employees were of the same race. 

One of the employees became physically angry with the manager and shoved her. This employee was soon dismissed. He brought a claim for unjustified dismissal. 

The other two employees brought claims for unjustified disadvantage due to the manager’s comments and the employer’s failure to address those comments. 

The Authority found that while the first employee’s conduct in shoving the manager was problematic, the employer’s investigation into the altercation was flawed. The employer did not interview the other two employees, it did not genuinely consider the employee’s explanations for his actions, and it formed a premeditated view of the employee “making up” his concerns about racisms to avoid responsibility for the altercation. The Authority found this employee was unjustifiably dismissed. 

The claims of unjustified disadvantage for the other two employees were also upheld. The employer did not investigate their grievances, and took the view that the complaints against the manager were either “created” or irrelevant. 

The Authority accepted that raising a complaint that a supervisor acting in ways which are angry, disrespectful, make one feel unsafe at work, and may go further into racism, and then having to continue to work with that supervisor because the employer made a unilateral decision not to take action amounts to an unjustified disadvantage. 

The Authority ordered the employer to reinstate the employee who was dismissed, pay him 10 weeks pay for lost wages, and $17,000 compensation for humiliation and injury to feelings. 

The other two employees were awarded $5,000 each in compensation for humiliation and injury to feelings. 

The Authority also required the employer to organise cultural training for its staff to prevent further harassment or adverse treatment on the grounds of race of any employee. 

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