Worker forced to resign after boss grew tired of her personal life affecting work wins $24,000

Tracey Olsen said she felt she had no choice but to resign from her job. Photo / 123RF

A trainee pharmacist who was forced to resign by her boss after he grew tired of her personal life affecting her work life has won $24,000 after the Employment Relations Authority (ERA) ruled it an unjustified constructive dismissal.

Tracey Olsen, who started working at Peninsula Health in Akaroa in May 2015, experienced a "traumatic" event in her personal life when her mother died one month into her new job.

When Olsen returned to work after taking some time off, her boss, Garry Benson, asked when she would be over the grief.

Following this, Benson would become hostile and critical towards her, berating her in front of staff and customers.

Olsen said this made her nervous and anxious around her boss.

Benson claimed that he was supportive of Olsen despite there being a number of minor issues throughout her employment.

In October, Benson suddenly cut Olsen's hours without consulting her.

At a meeting about the change of hours, Olsen said Benson "had a real go at her" and called her unprofessional.

The ERA said it was likely that Benson had become tired of out-of-work issues in Olsen's personal life impacting her work.

"An employer is of course able to raise concerns with an employee but this should be done in a way to ensure that the relationship is not damaged.

"The way the concerns were raised and the very general nature of them meant Olsen was not able to respond to them. It was unfair and it impacted on Olsen's confidence," the ERA said.

The ERA ruled that Peninsula Health had breached its obligations of good faith by failing to be responsive and communicative, and that cutting her hours without consultation was unfair.

Olsen was awarded $9620 in lost wages and $15,000 in compensation for the stress she endured.