I promised to provide an update on real-life struggles and challenges the NZ workforce was experiencing on the ground under present conditions. Did you hear about the Auckland beautician who refused to work on clients and had complaints about her bad breath? What appears to be trivial on the surface was actually quite substantial when the Employment Relations Authority dug into the case. Her employer made suggestions to the beautician that she should perhaps chew mints or receive some assistance from a dentist.
Later she was told by her employer, “If you don’t attend these clients, don’t come back tomorrow”. She managed her workload and left according to her planned departure time, and when she returned the next day, she felt she may have been fired, then asked for a formal letter of termination, and got it.
The Employment Relations Authority (ERA) said that the employer had other options available to him, such as he could have suspended the employee on pay while an investigation was carried out, or conduct a formal meeting into the incident.
In any case the Employment Relations Authority (ERA) awarded her $8022.45 in wages and compensation.
NB: Just pointing to this case to show how important it is for employers to treat their staff with respect.
An interesting case. The employer appears to have been correct on the substantive issues, but followed bad process – as is often the case.
Do you think the outcome was unfair on the employer and is this why you posted it?
The point was what appeared to be initially trivial on the surface was actually quite substantial which is how the Employment Relations Authority concluded. I thought the outcome was fair, although one can’t help wonder how many other bad practices has this employer used, or continues to use.
I still dont get why you think the employer was disrespectful.
Can you explain your reasoning?
Is the point of this story that this woman, who has to get physically close to PAYING clients, had bad breath or that she refused to do anything about it? Whats disrespectful here? Would it be alright if she had terrible BO? You seem to be saying that pointing out her poor personal hygiene is unacceptable and clients and her employer should just put up with it? I think the biggest part of this is how the hell she got $8000 for refusing to brush her teeth.
It sounds to me like the employer was guilty of nothing more than being helpful to his customers, William. Or does that excuse only wash when the employer is a Labour MP?
On the very limited factual information provided, it sounds as if the employer behaved in such a way that, despite complying with the employers ultimatum, the employee was left believing they were dismissed when they arrived at work the next day (and then was, in fact, dismissed).
If it had not been the employers wish to dismiss her summarily, he shouldn’t have provided her with formal termination but would have explained to her what the issue was and what more could be done.
There is no evidence that Ee was provided with substantive allegations from the clients to which to respond. How could employee therefore know that employer’s accusation wasn’t just personal and emanating from employer?
The whole thing stinks (excuse pun), and I don’t think that DPF, or you, or I, without access to the decision of the authority, are in a position to defend the actions of an employer whose conduct was, on the face of it, very arbitrary and not that of a good employer.
And do you think she should have treated her clients with respect too? As usual only half the story has been provided, according to the article linked below a number of clients had complained regarding her personal hygiene as well as unprofessional conduct, and not providing the service she was asked for, all things that show a lack of respect to her clients.
http://www.odt.co.nz/news/national/222516/bad-breath-beautician-gets-payout-over-sacking
The problem of businesses, particularly smaller ones not understanding, or not even knowing employment law is not a new one, unfortunately, and I have seen similar instances from both sides of the table.
Definitely right to highlight an issue, however framing it under ‘recent times’ suggests you are blaming it on the current government, which I think is a touch cheeky…
1)was she an immigrant?
2) Was her alleged haliatosis verified by an independent source other than all the conjecture here?
3)If accurate, I hope she uses her compensation to sort out her dental issues.
Give Sua some credit, he posted (as he promised) updates.
“Give Sua some credit, he posted (as he promised) updates.”
Where ?
2 days now and you still have not explained your reasoning about respect. That is not respectful of all the genuine queries above.
@ Pat…the fact that the employer has to payout is answer enough on the issue of respect for employees. Pretty clear to me, there’s no ambiguity here for me.