Bullied employee awarded $56K after resigning from ‘hostile and toxic’ workplace

A woman resigned from her job after she was bullied and belittled by a colleague. Photo / File

A woman who was “bullied” by a colleague from her first day on the job was eventually placed on sick leave by her doctor for work-related stress. She went on to resign after the “hostile and toxic” workplace failed to address her concerns and now she has been awarded more than $56,000.

Katherine McIntyre was employed as an administrative assistant at the Workingman’s Club (the Club) but left in November 2021 after only six months on the job.

Following her resignation, she turned to the Employment Relations Authority (ERA) where she sought reimbursement for lost wages and compensation for humiliation, loss of dignity and injury to feelings.

She told the ERA her resignation was a constructive dismissal or alternatively that she was subjected to unjustified actions that disadvantaged her in her employment.

After the authority held its investigation meeting last month and received submissions relating to the case, it released its decision last week.

The identity of the Club’s operator has been granted temporary suppression and permanent non-publication orders have been made in relation to the person McIntyre claims bullied her, and her general manager.

The determination sets out McIntyre’s short time with the Club and what she was subjected to during that period.

Her employment began in May 2021 and her role was to assist the general manager, P, and her colleague, X.

McIntyre said she experienced bullying behaviour from X from the start of her employment. She tried to approach X directly about her concerns but that was unsuccessful.

She then asked P to have a meeting with her and X to try to resolve the issues but that was also in vain.

The matter was heard before the Employment Relations Authority. Photo / Stock Image 123rf

After she made a written complaint, there was an independent investigation into her allegations in August 2021. It found the way she had been treated amounted to bullying.

Among the independent investigator’s findings, it said McIntyre had not been welcomed as a reasonable person might expect to be, was yelled at unnecessarily on her first day by X and this raised voice was a regular feature of his management. She was also ignored and had information withheld from her, and was belittled.

“It was the opinion of the independent investigator that X did not agree with Ms McIntyre’s appointment and had stated that she did not have the skills that he wanted and had no apparent interest in managing her.”

McIntyre was advised the following month that her complaint had been upheld but the Club took no further steps to address the issue.

She continued to experience behaviour that she considered to be of a bullying nature from X and in November 2021 she was placed on sick leave by her doctor for work-related stress.

While on leave, she sent a letter to P and the interim committee of the Club advising that unless the situation was resolved satisfactorily before her return to work on November 12, she would have no option but to resign.

Three days after she returned, McIntyre tendered her resignation effective immediately.

She had not received a response to her earlier letter and felt the lack of acknowledgement showed “they were happy for her to resign and no longer wished to employ her.

“...I can no longer work in the hostile and toxic environment that permeates throughout the Club. This is mostly instigated by X’s condescending and belittling ways, not only of me but of other staff members,” McIntyre wrote in her resignation letter.

McIntyre told the ERA that after she left, she was an “absolute mess” and “a shell of the person that she once was.”

The Club told the authority it had attempted to resolve the issues with McIntyre but its ability to do so was constrained by its resources, debt and ongoing cashflow issues.

In its findings, the ERA said the Club breached its duty to provide McIntyre with a safe working environment. It said her resignation was caused by that serious breach as no resolution of her concerns was likely.

The authority accepted that McIntyre had suffered a significant loss of confidence and other long-term side effects of bullying.

It ordered the Club to pay her $26,465.40 for reimbursement of lost wages and $30,000 compensation, to be paid in six instalments.

The authority concluded by saying that bullying is a serious issue and can lead to serious harm. It recommended the club introduce a policy around bullying and harassment.

“In this matter, a policy would have identified what the next steps would be where bullying was concluded. The employment relationship problem may not then have arisen.”