The Oamaru company found to have constructively dismissed one of its workers disputes the Employment Relations Authority (ERA) report, but will not challenge it because of the cost.
NZME reported yesterday the ERA, in a February decision, ordered Oamaru company P & W Painters (PWP) to pay Marsha Whaiapu more than $20,000 after she was called a "black b****" and a "baby killer".
The ERA said there was a history of racist abuse at PWP, but company director and manager Warren Pitches denied this yesterday, citing to the ODT its employment record of hiring people of different races and his own multi-cultural family.
The ERA report says Marsha Whaiapu was employed as a brush hand for the company before resigning in October 2015 after a torrent of abuse.
The main offender was Ms Whaiapu’s supervisor, Peter Powell. Ms Whaiapu said from at least March 2015, Mr Powell’s behaviour towards her was rude and abusive, or bullying.
She said she reported most of the incidents to the Mr Pitches, but he did not take the complaints seriously.
Another former employee, Josh Kereama, gave evidence that PWP was a "horrible work environment".
"Pete was abusive to everyone.
"I once heard Pete call her black b,****. I also heard [another employee] call her n*****."
ERA member Christine Hickey said generally she placed little weight on the issue of witness demeanour, but "some of Mr Powell’s behaviour and comments ... revealed some aspects of his character which make it more likely that certain things he is alleged to have said are correct."
Mr Powell denied he called Ms Whaiapu "black b****".
He did not comment on the accusation he called her "baby killer".
"However, I find it proved that he called her both names," Ms Hickey said.
There were further instances of Mr Powell telling lies to Ms Whaiapu in which he claimed her job was in jeopardy and Mr Pitches was angry with her.
For his part, Mr Pitches called many of Ms Whaiapu’s concerns "petty", the ERA decision said.
He gave inconsistent evidence to the ERA.
Mr Pitches said of Ms Whaiapu: "She gave as good as she got and I was never aware she felt bullied or intimidated by Peter, or anyone else, for that matter."
Ms Hickey said a reasonable employer would have taken Ms Whaiapu’s complaints seriously and investigated Mr Powell’s behaviour.
"PWP failed to protect its employees from racist abuse," she said.
"Sometimes there is a fine line between acceptable banter and humour and unacceptable, abusive and unreasonable work behaviour.
"However, racist comments, such as ‘black b****’, and name-calling such as ‘baby killer’, are ... unacceptable and unreasonable work behaviour."
Ms Hickey found Ms Whaiapu’s resignation amounted to constructive dismissal and ordered PWP to pay her $9360 in lost wages and $12,000 compensation.
Fairfax reported Ms Whaiapu was "over the moon" with the ERA decision.The ERA was approached for comment on Mr Pitches’ statements on its report but declined to comment.
