Workplace Bullying Legal Response
Summary
Workplace bullying and denial of statutory breaks are serious concerns under New Zealand employment law. Key points to address include reiterating willingness to resolve issues amicably, emphasizing the importance of having a support person or lawyer present, addressing allegations against your husband if necessary, and confirming that unpaid leave is not in line with employment standards. Consider drafting a response that highlights these points and seeks clarification on meeting details.Full Conversation
I need a response of email trail
Hi ****,
To assist you better, could you please provide more details about the email trail you need a response to? For example, what is the legal issue involved and what specific response you are seeking?
Looking forward to your response!
Best,
FreeLawChat
To assist you better, could you please provide more details about the email trail you need a response to? For example, what is the legal issue involved and what specific response you are seeking?
Looking forward to your response!
Best,
FreeLawChat
Email sent
Dear Farhaan,
Without Prejudice
I acknowledge receipt of your email and am currently preparing a detailed response to address the issues raised. However, I would like to note some immediate points of concern:
Alleged Inconsistencies
While you have expressed concerns regarding inconsistencies in my earlier communication or the ‘factual premise’ of the matter, please note that this is solely your perspective, and it has been duly noted.
Meeting Arrangements
I am open to a meeting to discuss the issues further, but it appears that the suggested meeting may have been scheduled unilaterally, without regard to my availability or circumstances. I am concerned that there may be a lack of good faith or an element of prejudice in the proposed approach, and I will be seeking advice before confirming any arrangements. I will also require a clarification as re. support person and/or a lawyer accompanying me, as after my experience(s), it is important that I have someone who is there to support me for any such proposed meeting.
Key Incidents and Grievances
I would like to formally highlight the incidents and grievances that I have documented and continue to experience in the workplace. These incidents fall under several categories, including workplace bullying, denial of statutory breaks, and health and safety breaches, all of which have impacted my wellbeing and indirectly affected my family life:
*. Incidents of Workplace Bullying and Hostile Behaviour
September *, *: I asked Danica if she had a moment to talk, and she responded dismissively, “Is anybody gonna die if we don’t talk right now?”
October *, *: She pointed her finger at me and rolled her eyes.
October *, *: Danica raised her voice in front of patients, saying, “Don’t interrupt me when I am talking.”
October *, *: In response to a roster change request, Danica commented, “Nobody is *% happy here. We all get *%.”
October *, *: When I needed to take my baby to the doctor, Danica warned, “Next time I won’t allow [it] if you don’t tell me sooner.”
October *, *: Danica criticized my work to another colleague, alleging I was not cooperating in assisting Dr. Gurman.
October *, *: She spoke to my husband and me in an ill-mannered way regarding my sick leave.
October *, *: I learned that Farhaan and Asfahaan met with Danica to discuss my concerns about her conduct. However, despite the seriousness of the complaints, Danica did not acknowledge the impact of her behaviour.
November *, *: Danica yelled at me in front of patients, instructing me to “Take your gloves off” in a manner that was unprofessional and disrespectful.
*. Denial of Statutory Rest and Meal Breaks
I have frequently been denied statutory rest and meal breaks, particularly on Mondays when assisting Dr. Tazeen. I often had to request cover just to take a short break to eat. Note that I am a lactating mother and that point was clarified when my employment started.
Specific instances include:
August *, *: Dr. Shifa denied me the ability to take a break later.
September *, *, *, and *, *:No breaks were provided on these dates.
October *, *: My break was interrupted three times, and I was made to work at the reception desk, where Fatima stated, “Haha, we don’t get breaks here.”
October *, *: Once again, no break was given.
I have had to come out on multiple occasions simply to ask for a few minutes to eat, drink water, or sit down for a brief period, which is in direct contravention of statutory entitlements.
Direct and Indirect Impact on My Wellbeing and Family
The continuous exposure to workplace bullying, disrespectful behaviour, and denial of breaks has had a profound impact on my wellbeing, dignity, and ability to fulfil my responsibilities as a caregiver to my family, especially my baby. The emotional toll of this situation has affected my ability to perform my duties effectively and has led to a reduced capacity to provide attentive care for my child. This distress is compounded by the guilt and worry that have emerged from this hostile work environment. It is so discouraging and humiliating that I have been made to cry at the workplace as well.
Breaches of Employment Law and Workplace Standards
I have encountered what I believe are clear violations of my employment rights under New Zealand employment law, including:
Denial of Statutory Breaks: Consistently being denied my rest and meal breaks, contrary to the Employment Relations Act * and Health and Safety at Work Act *.
Hostile Workplace Environment: The ongoing rude and disrespectful behaviour from the Practice Manager, which has created a hostile work environment.
Health and Safety Compliance Failures:Maxcare Dental has not met the necessary standards for ensuring a safe and healthy workplace.
Non-Compliance with the Holidays Act *: I believe that I have not received my full holiday pay or entitlements.
These breaches have caused significant distress and have directly impacted my ability to perform my duties effectively.
I am committed to resolving this matter in a way that respects my wellbeing, dignity, and my responsibilities toward my family. I respectfully request that my concerns be addressed with the seriousness and fairness they deserve.
Response received
I hope this email finds you well. I am writing to inform you that we are seeking legal advice regarding the allegations outlined in your email, as well as the threatening behavior, and aggression displayed by your husband toward our staff. These incidents occurred both over the phone and during his visit to the practice.
Secondly, I would also like to clarify that, as we do not have a stress leave policy, your absence from work will be considered unpaid leave.
Given that Farhaan has left the country for the next few weeks, I am also consulting with our CFO and advisors to ensure the appropriate course of action. Based on their advice, we will need to reschedule the proposed meeting to next Friday. I will share with you location of our meeting as it won’t be at the dental clinic.
****, you have listed significant incidents involving workplace bullying, denial of statutory breaks, and breaches of employment law, which are serious concerns under New Zealand employment law.
Key points to address in your response:
- Reiterate your willingness to resolve the issues amicably.
- Emphasize the importance of having a support person or lawyer present.
- Address the allegation against your husband, if necessary.
- Confirm your understanding that unpaid leave is not in line with employment standards.
Would you need help drafting this response?
Key points to address in your response:
- Reiterate your willingness to resolve the issues amicably.
- Emphasize the importance of having a support person or lawyer present.
- Address the allegation against your husband, if necessary.
- Confirm your understanding that unpaid leave is not in line with employment standards.
Would you need help drafting this response?
Yes
****, here's a draft response for you:
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Dear Farhaan,
Without Prejudice
Thank you for your response. I am committed to resolving these issues amicably and reiterate my willingness to meet, with the understanding that I will have a support person or lawyer present.
Regarding the allegations against my husband, I would like to clarify the situation further during our meeting. I also note that unpaid leave is not in line with employment standards, and I am open to discussing this further.
Please confirm the new meeting details.
Best regards,
****
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Would you like to add or modify any points?
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Dear Farhaan,
Without Prejudice
Thank you for your response. I am committed to resolving these issues amicably and reiterate my willingness to meet, with the understanding that I will have a support person or lawyer present.
Regarding the allegations against my husband, I would like to clarify the situation further during our meeting. I also note that unpaid leave is not in line with employment standards, and I am open to discussing this further.
Please confirm the new meeting details.
Best regards,
****
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Would you like to add or modify any points?