Worker claims retaliation through false police complaints and pay deductions
The Employment Relations Authority (ERA) recently dealt with a personal grievance claim involving a scaffolding worker who faced multiple workplace violations, including unpaid wages, unlawful deductions, and false theft allegations that led to his arrest and criminal charges.
The worker argued that his employer subjected him to unjustified disadvantage through various means, including failing to compensate him for hours worked, making unlawful pay deductions, exposing him to health and safety risks, workplace bullying, and demotion from supervisory duties. He claimed these circumstances forced him to resign in what amounted to constructive dismissal, but was then formally dismissed during his notice period.
The case highlighted serious workplace violations, including retaliation through false police complaints and interference with future employment opportunities.
The worker sought compensation for lost wages, unlawful deductions, and significant personal distress caused by the employer's conduct, which ultimately resulted in criminal charges that were later withdrawn when no evidence was presented.
The worker started employment in May 2023 after moving to Wellington from Morrinsville. He had previously worked for another scaffolding company and was recruited for a leading hand role that represented a promotion with higher pay. The position was...
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