Fired for swearing

A Porirua supermarket worker who was fired after she was heard bad mouthing her manager in the tearoom has won an employment dispute.

Pak ‘ n Save Porirua staffer Raeena Naiker is alleged to have told a colleague that her manager was a ‘‘f...... b....’’ because she would not allow her to take annual leave for a sickness.

Naiker did not recall using those words, but she admitted to venting her frustration to a ‘‘friend’’ in what she considered to be a ‘‘private conversation’’.

Pak ‘ n Save argued Naiker’s behaviour amounted to serious misconduct as she had breached one of the company’s work rules.

After reviewing evidence from other staff members, Employment Relations Authority (ERA) member Trish MacKinnon agreed with Naiker and awarded her about $6700 for wages and $6000 compensation.

The dispute started at the beginning of the year when Naiker, who had been a seafood assistant with the company since September 2013, developed a health issue. She received medical advice which required her to have two weeks off work.

As she had insufficient sick leave, she contacted her manager, referred to as JPD, to ask if she could take time off as annual leave. After JPD spoke with another manager, she informed Naiker her request was refused ‘‘due to affordability’’.

Following the refusal, Naiker contacted First Union and they set up a meeting with the Pak ‘ n Save Porirua managers to discuss the reasoning. The meeting made Naiker stressed and upset because she believed her employer was being unfair.

After the meeting, she went to the tearoom and spoke with Sialuga Talo , who Naiker regarded as a close friend. Talo worked as a supervisor in a different department.

Naiker told the authority she complained to Talo about JPD’s behaviour, describing it as bullying, and also about her employer’s failure to do anything about it.

Shortly after that conversation, Talo reported the incident and was asked to provide a written statement in which said Naiker said ‘‘F... man, other staff are allowed to take leave, but not me. B....’’.

In another written statement, fellow employee Jarrod Gardiner, who was also in the tearoom at the time, said while he ‘‘wasn’t really listening to the details’’ of the conversation, he heard Naiker complaining about her managers. He said she was ‘‘even going to lengths of direct swearing towards them’’. More specifically, he wrote ‘‘swearing = f...... b....’’.

Eight days later, a formal meeting was held to discuss what Talo and Gardiner had heard. At that point, Naiker said she did not recall making those comments, and apologised for any offence caused inadvertently.

Despite this, a preliminary decision was made to dismiss her. It was confirmed the following month.

In an ERA decision, MacKinnon said she was ‘‘not persuaded’’ that Naiker used those two words in the manner described by Talo, as Talo’s written statement and oral statement differed.

‘‘Even if she had, I have found her to have been engaged in a private conversation at the time in which she was venting frustration over a recent meeting.’’

MacKinnon said there was no reason for the company to dismiss her.