Sacking for bullying could be test case

Retail giant The Warehouse has sacked a long-serving senior manager for bullying in a case some experts believe could become a landmark in employment law.

Sackings for bullying are rare, and an American expert said the case put New Zealand "light years ahead of the US" in the field, the Sunday Star Times reported today.

The Employment Relations Authority has rejected a personal grievance claim from manager Gail Williams after her 2004 sacking by the retail giant, the newspaper reported.

Williams, a quality assurance manager in Auckland, was dismissed after four of her staff resigned and the remaining two threatened to walk out.

The workers complained of being bullied and humiliated and said Williams used standover tactics and publicly reprimanded them, was overbearing, rude, derogatory and intimidating.

Williams is appealing to the Employment Court, saying she has been treated unfairly.

Williams, who now works for fashion designer Trelise Cooper, said she herself was the victim of bullying by the senior manager who investigated her.

Williams described her management style as firm, but fair. She admitted accusing a staff member of telling "porkies".

She was reported as saying: "What do you do if somebody under you blatantly ignores an instruction and then tries to cover up? Are you not actually allowed to pull them up on it?"

Andrea Needham, the author of Workplace Bullying, the Costly Business Secret, said the case could be a landmark in New Zealand because employers seldom had the courage to sack workplace bullies, who were usually litigious and gained large payouts. In most cases the target was paid out while the bully stayed.

The Employers and Manufacturers Association's managing solicitor Susan-Jane Davies said the decision was encouraging for employers, showing action was possible if the process were managed properly.

Employment lawyer Peter Cullen said the authority's decision would carry more weight if it were confirmed by a higher court.

He said it was extremely unusual for someone to be sacked without being offered the opportunity to change their behaviour, and The Warehouse had not looked at other possible sanctions before dismissing Williams.

San Francisco author Robert L Mueller, who wrote Bullying Bosses: A Survivor's Guide applauded the ERA for recognising bullying behaviour.

But he said it failed to clarify whether Williams was merely a "rough boss", who could connect with others, learn lessons and grow from them, or a "bully", who was unable to change.

A spokesperson for The Warehouse said the company would not discuss the case.

- NZPA