The Employment Relations Authority has ordered Presbyterian Support Northern to pay social worker Rachal Wilson $25,000 compensation after she suffered two unjustified disadvantages because of its actions. Photo / Stock
The Employment Relations Authority has ordered Presbyterian Support Northern to pay social worker Rachal Wilson $25,000 compensation after she suffered two unjustified disadvantages because of its actions. Photo / Stock
An experienced social worker claimed she was bullied by her manager at a charity organisation offering support to the vulnerable after she criticised her in a staff survey.
Rachel Wilson completed the Peakon Staff Survey, which sought feedback about managers and was described as confidential, for her employer Presbyterian Support Northern in October 2020.
Confirmation the survey’s content would be kept private was sought by Wilson, a team leader who had worked for the organisation for about 15 years, and she was assured it would be anonymous.
However, problems surfaced for Wilson after she criticised her manager and raised concerns about her competence.
The pair exchanged allegations of bullying behaviour, laid multiple personal grievances, and were involved in repeated disagreements before Wilson went on sick leave and filed a complaint with the Employment Relations Authority, on September 14, 2021.
She alleged the disciplinary process had not been carried out in a proper way, claiming she had been disadvantaged by the way it was resolved.
Wilson sought recommendations about PSN’s workplace conduct and practices, $50,000 compensation for hurt and humiliation, reimbursement of $1057 for the loss of her work car and a refund of unquantified costs for therapy and medical appointments.
After filing the complaint with the ERA, Wilson’s manager made another bullying complaint and an independent investigation was organised.
Social worker Rachal Wilson was awarded $25,000 compensation after being disadvantaged when her employer Presbyterian Support Northern imposed variations on her terms of employment and failed to confidentiality and privacy concerns regarding a staff survey.
Wilson then made a personal grievance alleging her bullying complaint had not been resolved.
In December 2021, following an unsuccessful attempt at mediation, Wilson resigned and she filed another PG, for unjustified dismissal, in February 2022.
Authority member Claire English awarded Wilson $25,000 compensation for hurt and humiliation caused as a result of the proven unjustified actions by PSN, in a decision released on July 11, 2023.
Written submissions, witness statements and documents were filed by both sides and were used to carry out the investigation.
Wilson raised concerns if her manager compared the two sets of survey results it would be obvious whether team leaders had given positive or negative feedback.
“In other words, the team leader feedback was effectively not anonymous,” English said.
The PSN said no individual responses were shared with the manager who claimed Wilson “was obsessed with the idea that managers could read the Peakon survey responses and attribute the responses to individuals”.
The organisation, which aims to make a positive impact on society by helping create a better life for everyone, especially the most vulnerable, maintained Wilson resigned and was not constructively dismissed, so no remedies should be awarded.
Wilson felt the PSN chose to support her manager over her, and her bullying claims were never taken seriously which was demonstrated by its refusal to attend mediation, English said.
She subsequently felt constantly on high alert and afraid and continued to feel stressed, and anxious because her complaint had effectively been ignored.
English said the PSN submitted it acted at all times as a fair and reasonable employer and Wilson had not established any breach occurred.
The PSN, however, failed to address Wilson’s concerns about the survey and she should have been able to rely on her employer to communicate accurately and meaningfully, English ruled.
“I accept that this failure reduced Ms Wilson’s sense of security in her employment, and amounts to an unjustified disadvantage.”
Whether PSN was right to engage Wilson in a disciplinary process for potential misconduct after an allegation she inappropriately shared information, was complicated as the organisation continued to shift the goalposts, English said.
After deciding to take no further action against Wilson, the PSN set out six expectations of how it expected her to work in the future.
English found these were unilateral variations to Wilson’s terms of employment and were disadvantageous.
There was no substantive justification for imposing the expectations and no evidence PSN genuinely considered any responses from Wilson before finalising its decision.
There was no evidence to support Wilson’s claim her manager prevented her from accessing a laptop and English said in her view it didn’t amount to bullying or a form of unjustified action.
Wilson’s allegation PSN failed to act in good faith by refusing requests for external mediation regarding her bullying complaint was also rejected as was her claim for constructive dismissal.
“PSN fulfilled its obligations by asking Ms Wilson for the information she said she had, and Ms Wilson chose not to provide it.
English said PSN attended mediation once it understood Wilson believed her bullying complaint wasn’t resolved but she resigned the following day after it was unsuccessful.
“There must be a breach of the terms of employment by the employer sufficiently serious to warrant the employee resigning.”
A request by PSN for Wilson to see a company doctor, at its expense, after she had been on sick leave for more than two months, with no diagnosis and missing her return to work date was reasonable, English said.
An application by PSN for the ERA to assess Wilson as 50 per cent responsible, describing her as a “difficult” and “disrespectful” employee, was also dismissed by English, who ruled she had not contributed to the situation.
A PSN spokesman said they were heartened the majority of claims were not upheld but were disappointed with having to pay $25,000.
Wilson said she was not in a position to comment at the time she was contacted by NZME.
Leighton Keith joined NZME as an Open Justice reporter based in Whanganui in 2022. He’s been a journalist for 20 years covering a variety of topics and rounds.
