A determination from the Employment Relations Authority’s (ERA) Rowan Anderson said before Marshall’s resignation, she raised a personal grievance with Chandulal “after having earlier raised issues about her rate of pay and annual holiday entitlements”.
“She gave notice of her resignation on August 11, 2021, citing reduced working hours and being excluded from the dance studio by (the academy) prior to and between classes.”
Marshall’s letter said that in July 2021 she was told she was not allowed in the studio during gaps in classes due to the cost of lights and heating.
“On Tuesday, August 2, 2021, I arrived 35 minutes before my 5.30pm class, to prepare.
“As I was teaching some new work to my students that day, I wanted to go through it before they arrived as I have done without any issues over the 7.5 years that I have taught at (the academy).
“You came into the studio and said that I am not allowed to be here until my class starts as I might charge you for working and that you have been given advice for these to be the working conditions from now on.”
She “gathered her things” and told Chandulal she would leave the building for 30 minutes.
“This was unfair and heartbreaking. I completely broke down and was unable to return to work.”
Anderson said the academy’s exclusion of Marshall was destructive of the necessary good faith in the employment relationship and she was disadvantaged by that action.
However, a reduction in her weekly hours - from 13 to 10 - was not a result of Marshall filing a personal grievance, which Marshall had suggested could have been a reason for the change.
According to Chandulal, Marshall was teaching three classes that were running at a loss and they would not be offered the following term.
“I accept that Whanganui Ballet’s actions in changing Ms Marshall’s hours of work were justified, both in substance and process,” Anderson said.
“There was a genuine basis for the change and I find that Whanganui Ballet genuinely and appropriately engaged and consulted with Ms Marshall.”
Anderson ruled the academy must pay Marshall $4300 for unpaid annual holiday pay, $1291.75 for unpaid overtime, $2795 for lost wages, interest on that combined sum ($5591.75) and $18,500 for “hurt and humiliation”.
The academy must also pay a $4000 penalty - $2500 to the ERA and $1500 to Marshall.
Anderson’s determination said the maximum penalty in this case was $40,000.
“There was no apparent history of similar compliance issues relating to the academy.
“In considering the issue of proportionality, I consider that a reduction to the provisional penalties is appropriate.”
Marshall claimed additional payment for alleged unpaid sick and bereavement leave but that was unsuccessful.
Speaking to the Chronicle, Marshall said she was happy with Anderson’s ruling.
“I feel it was a fair, justified case which was properly reviewed.
“This is a positive outcome for me and puts some closure on a very stressful time. It has helped me move forward personally and professionally.”
Academy director Anna Chandulal could not be reached for comment.
Mike Tweed is an assistant news director and multimedia journalist at the Whanganui Chronicle. Since starting in March 2020, he has dabbled in everything from sport to music. At present his focus is local government, primarily the Whanganui District Council.
