The Employment Relations Authority (ERA) released a judgement today, ruling that Fiona Scott was deliberately forced out of her position at Ritchies Transport Holdings Ltd.
The ruling mandates the company to pay Ms. Scott $12,870 for lost wages and an additional $10,000 for the distress caused by the abrupt end to her shifts, noting the impact on her dignity and feelings.
Ms. Scott had entered into a casual employment agreement with Ritchies in December 2022, filling in gaps in the company’s roster.
In August of the following year, David Gordon took over as depot manager.
During a March hearing, Ms. Scott testified to the ERA that she had previously worked under Mr. Gordon and felt “intimidated” by him.
Her perception, according to the authority, was that Mr. Gordon held an “unreasonably negative perception” of her, although Mr. Gordon denied this was the case.
Throughout 2023, Ms. Scott consistently worked over 100 hours every two weeks. By the end of the year, she was offered a permanent contract, which she declined.
Ms. Scott cited concerns about the 90-day legislation, which was not part of the contract offer, and her preference for the flexibility that came with being a casual employee.
Mr. Gordon stated that the offer for a permanent position was made because he believed Ms. Scott was also employed with another transport company at the same time.
However, ERA member William Fussey noted that her work with the other provider had ended by then.
Following her refusal of the permanent contract, the hours available to Ms. Scott significantly decreased during the first quarter of 2024.
When she contacted the HR department to discuss this reduction, she received a response stating, “We cannot have you working regular hours on a casual contract as this is illegal.”
Mr. Fussey remarked that this response was revealing.
“[It] clearly shows that Ritchies was concerned Ms Scott’s employment had evolved to permanent status,” he stated in his ruling.
On March 23, 2024, the situation escalated when Ms. Scott, while driving the Balaclava-Logan Park bus, deviated from her route.
Instead of completing her route at the Opoho terminus, she skipped the last two stops and went to her home in Normanby to use the toilet and check on her pets.
During the authority hearing, Ms. Scott explained that the Opoho terminus lacked restroom facilities, and the central Dunedin depot’s restrooms were unclean, with ineffective soap for removing diesel from her hands.
After her unsanctioned detour was discovered, Mr. Gordon arranged a disciplinary meeting, which resulted in Ms. Scott receiving a written warning.
Mr. Fussey noted that Ritchies’ handling of the disciplinary process was procedurally fair and reasonable.
However, after this incident, Ms. Scott was not offered any more shifts.
By July, she could no longer access the app used by drivers to view the roster.
While Ritchies contended that the timing of the disciplinary action and Ms. Scott being phased out was merely coincidental, Mr. Fussey inferred that these actions were “deliberate.”
He pointed out that evidence demonstrated Ms. Scott’s extensive and consistent work for the company.
“Ms Scott was a permanent employee with a legitimate ongoing expectation for work. Ritchies’ failure to continue providing shifts amounted to a dismissal,” Mr. Fussey concluded.
