$18,500 allocated for ‘hurt and humiliation'
The Whanganui Ballet and Dance Academy has been ordered to pay a former employee almost $30,000 following a determination by the Employment Relations Authority (ERA). Of the amount, $18,500 is allocated for "hurt and humiliation."
Bex Marshall, a dance teacher at the academy from 2014 to 2021, resigned in August 2021, citing reduced working hours and exclusion from the studio prior to and between classes.
She raised grievances about pay and holiday entitlements before her resignation.
“On Tuesday, August 2, 2021, I arrived 35 minutes before my 5.30pm class, to prepare,” Marshall wrote in her letter to the academy director Anna Chandalulal.
“As I was teaching some new work to my students that day, I wanted to go through it before they arrived as I have done without any issues over the 7.5 years that I have taught at (the academy).
“You came into the studio and said that I am not allowed to be here until my class starts as I might charge you for working and that you have been given advice for these to be the working conditions from now on.”
At the time, Marshall shared that was when she decided to leave the building for 30 minutes.
“This was unfair and heartbreaking. I completely broke down and was unable to return to work,” she wrote.
ERA’s Rowan Anderson said the academy’s exclusion of Marshall was destructive of the necessary good faith in the employment relationship. She noted though that the reduction of Marshall’s work hours was not a result of her filing a personal grievance, which Marshall suggested could have been the reason for the change.
Chandalulal said Marshall was teaching three classes that were running at a loss and they would not be offered the following term.
“I accept that Whanganui Ballet’s actions in changing Ms Marshall’s hours of work were justified, both in substance and process,” Anderson said.
While Marshall’s reduced weekly hours were justified, the academy was ordered to pay Marshall $4,300 for unpaid annual holiday pay, $1,291.75 for unpaid overtime, $2,795 for lost wages, and $18,500 for "hurt and humiliation."
In addition, the academy faces a $4,000 penalty, with $2,500 to the ERA and $1,500 to Marshall. Anderson’s determination said the maximum penalty in this case was $40,000.
Anderson acknowledged the academy has no history of similar issues, thus the reduction of provisional penalties.
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