I have a problem in my work place, and I would like some informations. I live in Motueka. I've sent an email to the uman

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Customer: Good morning, I have a problem in my work place, and I would like some informations.
JA: What state are you in? It matters because laws vary by location.
Customer: I live in Motueka
JA: What steps have you taken so far?
Customer: I've sent an email to the uman rights, I've done a mediation and I've been to the local community law
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No thanks
Answered by Chris The Lawyer in 1 hour 2 years ago
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Chris The Lawyer
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Chris The Lawyer
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Customer
This is the email sent to my employer:Kia ora Rachael.
I'm writing this e mail hoping that you can help me, tus situation is getting too bad.I'm going trough health problems as anxiety, stomach pain, lack of appetite, and problems with relationships.during this days the tension is getting to hig levels and this is making me really weak.During the lockdown I´ve noticed that the main supervisor Noori started to treat me even worse yelling at me and forcing me (verbally) to sit inside during smoko time (even if I'm a smoker).
The 22 nd of April, at the end of the shift(4.00 am), taking off my gloves, I noticed that my wrist was swollen and painful so I went to Carol (first Aid red heat) showing her my wrist, she immediately stepped back and she told me to go to the office to speech with Noori because with the Corona Virus its impossible to do the procedure.
I went straight to the office and Noori treated me as usually, she touch my hand and she emphasize that None of the red heat can do the procedure, she told me that she would have given me an easy job the next day, to go home and rest.
The next day I couldn't work for the pain and I asked for a sick day.
Friday 24th I went to work sure that was necessary to report my accident.
I didn't speech with the main supervisors but I went to the IQF supervisor telling him that its illegal avoid me to report my problem (Before Christmas I reported the same injury) and he told me to go an see Pavel (red heat) it was around 9:40 pm.
He took me to the infirmary and we started doing the procedure normally because he was not aware of any restrictions. after 10 minutes the phone started ringing, from the office someone tried to stop him.
During the next minutes IQF supervisor showed up to say something in Czech language to Pavel that I didn't understand, and after him Noori.
She was furious, she started again yelling at me telling me to go out of the infirmary and when I told here that I was waiting the report and without that I was going nowhere, she told me to don't talk to her like that.
I invited her to have a talk with the manager, but her answer was ¨Try to do that!¨and she left.Sunday 03rd of May, I had another problem with my two main Supervisors.
Around 10.30 pm Akash(general quality control Fish Nightshift) asked me to sign a document regarding my injury. She came with three sheets, the last one on top of the others and her finger pointing the part to sign and she was trying to rush me to sign. I told her that I'll never sign without reading, That was suspicious for me and I started reading every part, she told me that was not important, just my details she said, but I found something wrong where was described the job I was doing the day I had the first injury to my wrist in IQF(frozen fish department inside the nightshift).
They tried to declare that on the 16th December 2019 I was working feeding the tunnel.
At that point I started to correct the sentence writing that I was working in Iqf, she started to get nervous and she stopped me saying that I can't do that it's Hailey (second main supervisor Nightshift)job to fill it.
I told her to send the paper Back to the office and I decide to go there in person to discuss about this.
It was around 3 am when I was talking with Heiley and Noory (main supervisor nightshift fish) in the office.
Hailey was speaking with me with the document on the desk in front of her, I told her to send me all by email or give me a copy in order to read and understand, but she said that was to send by tooday. I can't sign something I don't understand, I said.
She started reading and explaining me what was written.
I explained her That on the 16th December 2019 I was not working in the tunnel, but in IQF. Noory had a look in here notebook and she found out I was right.
That paper it's been corrected so many times in front of me, but I sign it after checking the corrections.
It may seems a mistake, but the way everyone tried to push me to sign and the way Akash tried to hide that part of the document, made me open my eyes.
I sospect they don't want to figure too many injuries in my specific department (IQF) where at list tree people had my same problem (the Quervain,'s tendinoisis).
In December before my injury, I had a conversation with the supervisor in IQF(Milan) where I explained him that was useful to rotate more the people inside the department, becouse posture, speed, and inadeguate machinery, in IQF lead to healt problems for the staff.
I hope this can help.
It's frustrating for me go to work thinking that I may get deceived in every moment,i hope you can help me as soon as possible.
I'm very nervous and I feel alone against a company that should support me after one year an half working there.
I´m askig help to you because I don't feel safe anymore in my work place.
I would like to talk with a manager in person please.
Customer
I went to work one our ago, and Noori started yelling at me becouse a colleague was too close to me. I told her that was not my fault (it's clear that my patience it's running out and I answer to her) but she is so nasty with me she got angry and she told me to clock off.
It's been posted on the white board at the entrance of the shed a paper regarding this incident which was blaming me for not respecting distance rules and for taking that as a joke, it was saying that I would get a worning, that it's never been done cause everything was just an abuse of power and the manager gave me the reason after explaining all. (even after that I had to ask to take that paper off the white board, cause it's been there for at least 4 days.)
Please call me as soon as possible.
I hope we can find a solution.
Thanks
Giovanna Romeo
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Chris The Lawyer, Expert

Hi
I am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read your question
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Chris The Lawyer, Expert

Was the mediation a work place mediation? What was the result?
Customer
The above parties have reached an understanding for working together which is outlined as follows:
1. Giovanna will see her specialist on Thursday 4 June 2020 with regard to her hand injury and
will let Talley’s know when she is fit to return to work.
2. When Giovanna returns to work she will work the day shift only.
3. If Giovanna has any issues at work she will raise these with either the night shift manager
(currently Sarah Bradley) or Human Resources (currently Nathan Howes)
Customer
The mediator told me that my employer will give me a counselor but that was something between me and them.
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Chris The Lawyer, Expert

Is your issue the notice posted on the white board and treatment by the supervisor? Have you gone home for the day as a result?
Customer
I had to go home, the supervisor didn't listen to me she was just yelling, so I did. And the notice itts been posted by the nightshift fish supervisirs
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Chris The Lawyer, Expert

You need to raise this with the HR department first. The supervisor should not have yelled at you
Customer
This is the imail I've sent this morning again to the human rights:Good morning Anna,
Thanks for the informations that you gave me.
As I told you at the phone the first time, talk with my employer about this was not a good idea due to the situation.
I've sent an email to you, had a meeting with the manager, had a mediation, and I saw a community loyer in Motueka.
Do you want to know in wich situation I am now?
I've been treated like I am the virus, after beeng to the doctor I'n Motueka for my sore wrist he didn't give me a medical certificate so that I had to work for one week till I was exhausted cause I had to use the other hand. I had to go in Nelson to see a different doctor, wich made me a medical certificate with the acc. But my employer decided to don't pay me anyway. Curios thing the specialist I've seen after that didn't ask me to be payed for the appointment but suggested me to resigne if my wrist is not healing.
The community layer in Motueka refuse to help me with the injury practice, after that I told him in my country it's completely different and I need a help. (I saw that we have to do another mediation for the injury) and he told me that what happened to me it's becouse I'm a woman.(is it something that a community loyer can say?he is supposed to help, isn't it?) He decide to sent to the employer a letter, which is not going to change anything.
Is this all you can do for me?
I'm forced to resigne from work due to my position. I'm shocked about what happened,also becouse what I'm feeling now it's not a joke but none of the doctors I've seen gave me a counselor to help me, not even my employer that promise me an help in this sense during the mediation but nothing it's been done, they just ignored me.
Which suggestion do you have?
Thanks
Giovanna
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Chris The Lawyer, Expert

There are a number of issues. You cannot sue you’re employer for the injury because personal injuries by accident are covered by ACC. If you feel you need counselling then you should ask your employer to pay, but you cannot make them pay. But you should see a counsellor anyway to help with the stress. If you don’t like working there you could resign but you may need the job. So if you stay you can start a personal grievance claim while you are still working there. Or you could ask for another mediation session
Customer
How do I do a personal grievance claim?
Customer
What is it exactly?
Customer
Not even the community law center helped me for a free counselor, I don't know where to go.
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Chris The Lawyer, Expert

A personal grievance claim is a claim to your employer that you have been disadvantaged in your jog by bullying or bad treatment. You start this by sending a letter or email setting out the things where you have been badly treated and asking for compensation. If you win, the amounts are usually around $2 to $5000 at the most plus any lost wages. In the letter you should tell them if they don’t reply then you will start an employment mediation through MBIE.
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Chris The Lawyer, Expert

If you want counselling you will need to pay for this. Your GP will know who can provide this
Customer
Can you do the personal grievance claim for me? How much does it cost?
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Chris The Lawyer, Expert

We do not act for people on this site but give general advice. I can refer you to a local lawyer if you want. I do take instructions off the site but the cost of personal grievance would be $4 to $5000
Customer
It's More than what I get, how long it will take for the personal grievance claim?
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Chris The Lawyer, Expert

It usually takes a few months to organise. And yes, it may cost more than you get
Customer
Thanks for the informations, have a great day.
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Chris The Lawyer, Expert

Thank you for the reply and for using this site. You may ask further questions or rate this answer when you are ready.

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