What are our rights if 1 of the workers at you place of work enters your work area and starts yelling st you and saying

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Customer: What are our rights if 1 of the workers at you place of work enters your work area and starts yelling st you and saying nasty personal remarks about you and is shaking her finger at your face
JA: When did this begin? Was the work environment intimidating, hostile, or abusive?
Customer: This worker has accused us of being racist by apparently overheard us in another room saying things. We cant recall any such conversation as we work in a busy kitchen and are not like that. Our boss handled the situation all wrong and accused us as well and wouldn't let us speak the next day we met with our boss and she apologised to us . This worker is known for causing problems for others she is still telling other workers we are racist its very up setting as we are not like that and work and get on with lots if different cultures
JA: What kind of workplace is this (private sector, public sector, etc.)? How many employees?
Customer: It's a rest home who about 50 sites in new zealsnd
JA: Have you talked to a New Zealand lawyer about harassment?
Customer: No but we want to us it's getting bad
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No just that our boss seems to not deal with things very well
Answered by Chris The Lawyer in 1 hour 1 year ago
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Chris The Lawyer
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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 the question

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Chris The Lawyer, Expert

That must have been an upsetting experience for you and your friends. Your employer must provide a safe workplace and ensure you are not abused by anyone. It is good that your boss has apologised, but there should be some further action taken. Some use workplace mediation to resolve these issues between workers and I suggest you ask your boss to see if this is an option

Customer
We dont feel our boss has done enough I actually resigned over it because it up set me so much she has asked me to take 2 weeks off and think about weather I want to stay or not my friend is going to resign as well we feel unsupported and really un happy with the situation.
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Chris The Lawyer, Expert

That is unfortunate. I hope you can find other work in a safer environment

Customer
We really enjoy our job and are really good at what we do but feel nothing is going to chance do our only choice was to resign
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Chris The Lawyer, Expert

Your boss may have asked you to stay concerned you may claim a personal grievance

Customer
Ok so what do I do now
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Chris The Lawyer, Expert

You should consider a return to work or if that is impossible due to feeling unsafe you could look for other work, and consider a claim for constructive dismissal

Customer
Are you still there
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Chris The Lawyer, Expert

Yes

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Chris The Lawyer, Expert

How may I help further?

Customer
How does that work please
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Chris The Lawyer, Expert

You can start a personal grievance by contacting MBIE for an employment mediator to try to sort this out. It is harder to claim if have resigned as you need to claim a constructive dismissal. I suggest you may need to see a lawyer for any claim

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