KEY POINTS:
Every once in a while, we hear about employer abuse of power which leaves even the most right-wing politicos gasping. The owners of the George St Subway in Dunedin must be rueing the day that they sacked a young employee.
As most of New Zealand now knows, Jackie Lang was consoling a friend and offered her some of her staff drink. The crime was that Lang had refilled the drink during the conversation and left it with her friend when she went back to work. Apparently, the owner caught this incident on camera, called Lang in and sacked her for theft.
According to one restaurant manager I spoke to, although the retail price of these drinks is $2, the actual cost to the employer for the syrup mix is 13c. Lang's dismissal was, of course, a petty act. The particularly vindictive behaviour of the owners became even more apparent after Lang sought independent advice from her union. The employer then contacted the police who took her from her home to the station, charged her with theft and put her in a cell.
This young woman was known by the employer to be suffering from Asperger's Syndrome. Sufferers of this impairment show mild autistic behaviour and have a high degree of naivety. This tends to result in these people being bullied. The employers knew this, which makes their actions even more appalling. I wouldn't be surprised if this was the real reason she was sacked, and the so-called "theft" of the soft drink was used to justify this despicable behaviour.
Initially, the national Subway franchise managers wouldn't comment. They tried to bluff their way through by claiming that it had nothing to do with them. Of course, reputable franchise operations provide advice on employment matters to their franchisees and, in some cases, write into their franchise contracts the employment protocols they are required to follow. The national Subway managers knew the details of this sacking for over a month before it hit the headlines and did nothing. Even when they were aware that this young woman had been detained and charged they did not take responsibility. That speak volumes about their corporate integrity.
Sporadic picketing by a broad section of the community against that and other Subways is escalating. Subway obviously hit a nerve as even far-right commentators have organised boycott petitions and pickets.
Following public ridicule, the Dunedin police beat a hasty retreat and quickly dropped the charges against Lang. However, how on earth did they charge her in the first place? These are the same police officers who, under the new smacking bill, will be using their discretion to determine whether parents are to be prosecuted for disciplining their children. God forbid we should have to rely on this particular police station in Dunedin applying common sense to any matter. While we have politicians calling for police to crack down on gangs and other unsociable misfits, some PC plods seem to make intimidating young women a higher priority.
I think we'd all like to think that this Subway abuse of power was an isolated incident. Sadly, it is not. As I write this column, I have five employer abuse cases in my in-tray.
The first concerns a young Japanese man working in a restaurant in downtown Auckland who has been consistently bullied and harassed at work for over a year. His English is very limited and his confidence in seeking work elsewhere is not high. He doesn't want anything done about his case as he is scared that he will be fired if his employer learns that he is seeking advice. Given that Lang was charged by the police after her employer learned that she had taken advice, his concerns are well justified.
The second concerns two female bartenders who were sacked by their employer who was selling his business. They found out the following week that the employer had simply re-registered a new company to set up the business under a new name. He then offered the two women their jobs back at a lower rate of pay.
The third case concerns an upmarket boutique bar, renowned for employing young overseas visitors as bartenders and waiting staff and paying them "under the table". The staff are treated appallingly. If they challenge the owners in any way, they are dismissed and frequently do not get the wages owed to them.
Case four is about a woman sacked as the owner didn't want her pregnancy to interfere with his business.
The final case concerns a brewery worker who was instantly dismissed, after eight years' service, after voluntarily notifying the employer that he had made a mistake. He went home and committed suicide. His wife claims he was traumatised as he had never lost a job before.
Of course, steps are being taken to address these matters, but you get the point. But I'm glad that New Zealanders across the political spectrum feel outrage at the bullying behaviour of some employers. Many employers act decently towards their staff. But there are far too many who think that they have some God-given right to treat their workers as slaves.
The only message these types of employers understand is when their customers indicate that they will not reward their behaviour by patronising their business. New Zealanders should phone or email the national Subway office in Albany to say that until this behaviour changes at Subway, they will not frequent their stores.
