An Auckland car parts business, operating under the name Japanese Car Parts Limited, has been mandated to compensate a former employee more than $50,000 after she reported experiencing bullying and intimidation from the company director.
Courtney Brooker, 21, resigned from her position at Japanese Car Parts Limited after only 14 weeks, citing the detrimental impact of her employer’s behavior on her physical, mental, and emotional well-being. Brooker stated she felt “so ground down” by the work environment that her health was “seriously adversely impacted”.
This was Brooker’s first job outside of her family’s business, and despite initial enthusiasm for the role due to her interest in Japanese vehicles, her experience quickly soured. A recent report from the Employment Relations Authority (ERA) detailed the troubling nature of her treatment at the Auckland car parts supplier.
Most of the complaints were directed at Ali Hassani, the sole director of Japanese Car Parts. The ERA report highlighted that Hassani targeted Brooker “in a way that other employees, including her manager, had noticed and commented on, but had failed to stop.” This created a hostile work environment within the Auckland car parts distribution company.
During her employment at the Auckland car parts dealer, Brooker was actively discouraged from taking legally mandated rest breaks. She was instructed to take breaks at her desk so Hassani could monitor her activities. When Brooker insisted on taking her breaks away from her workstation, she faced criticism and excessive micromanagement, including being moved to a different desk within the Auckland car parts warehouse.
Adding to the distressing situation, Brooker was instructed to come to work even when sick so that Hassani could personally assess the extent of her illness, even when other colleagues were aware she was genuinely unwell. This demand showcased a lack of trust and disregard for employee well-being at the Auckland car parts retailer.
Brooker was also tasked with performing job duties outside the office and then reprimanded for not being at her desk. Furthermore, while required to use her personal phone for work-related tasks, she was simultaneously criticized for phone usage, creating a confusing and contradictory work environment at the Auckland car parts supplier.
In an egregious instance, Brooker was held responsible for issues arising from a letter sent to a neighboring business, despite having no involvement in writing, sending, reviewing, or even knowing about the letter. This unjust blame further contributed to the stressful atmosphere at the Auckland car parts company.
Beyond the bullying and intimidation, Brooker also encountered several problems related to her wages and employment agreement at the Auckland car parts business. She was paid less than her agreed-upon salary and faced significant delays in receiving the owed back pay. Adding insult to injury, her contractual hourly wage was unilaterally reduced from $23 to $20 because Hassani expressed “unhappiness with her performance.”
Brooker was also pressured into signing employment agreements containing unfair terms. Hassani reportedly refused to meet with her in person to address her concerns and then subsequently blamed her for not signing the contract. The employment agreement also improperly included a probationary period clause initiated by Hassani.
Following Brooker raising concerns about her employment agreement, Hassani initiated what the ERA deemed a “sham” disciplinary process against her, failing to provide any specific details or documentation to substantiate his purported concerns. This series of actions culminated in Brooker’s resignation from the Auckland car parts organization.
‘Bullied and Intimidated’ at Auckland Car Parts Supplier
In her formal statement to the Employment Relations Authority, Brooker described her experience at Japanese Car Parts as leaving her feeling “bullied and intimidated.” She stated, “They had consistently mistreated me and made me feel like I had no choice but to resign. I simply could not take it any longer, so I resigned effective immediately.” Her testimony painted a clear picture of a toxic work environment within the Auckland car parts sector.
Brooker further elaborated on the distressing nature of her workplace, noting, “Constant meetings with several superiors in attendance have made me feel bullied and intimidated, and the stress over being potentially fired, not to mention the stress of other situations I’ve been put through in work, has made my working environment extremely unpleasant and upsetting.” The pressure and mistreatment clearly took a significant toll on her well-being while working at the Auckland car parts distributor.
She detailed the cumulative effect of the negative experiences, “The stress over the contract, being stood down without pay, the office dynamics towards me changing, pressure regarding rest breaks, moving my desk, lack of communication, lack of fair treatment, as well as being yelled at and all the false accusations that were made against me,” all contributed to her decision to leave the Auckland car parts industry employer.
Despite the overwhelming evidence, Japanese Car Parts Limited disputed all of Brooker’s allegations, even when witness testimonies and company documents corroborated her claims. This denial further exacerbated the situation and demonstrated a lack of accountability from the Auckland car parts business.
In contrast, Rachel Larmer, a member of the Employment Relations Authority, found Brooker and her mother to be “straightforward and credible witnesses.” Brooker’s evidence included meeting transcripts she had secretly recorded, which Larmer stated validated Brooker’s account of events and the mistreatment she endured at the Auckland car parts company.
Auckland Car Parts Company Forced to Compensate Employee
The ERA, led by member Rachel Larmer, held Japanese Car Parts liable for numerous breaches of the Employment Act. Larmer determined that Brooker’s resignation constituted constructive dismissal. Constructive dismissal occurs when an employer’s conduct creates such an intolerable work environment that an employee is essentially forced to resign. This ruling sends a strong message to all Auckland car parts employers regarding fair treatment of staff.
Larmer stated, “These breaches were so serious that they contributed to the ending of her employment after only 14 weeks, which was a major setback for her.” The swift conclusion to Brooker’s employment due to the employer’s actions highlighted the severity of the misconduct at the Auckland car parts organization.
“Ms Brooker resigned in order to protect herself from the ongoing and inappropriate pressure that Japanese Car Parts (at the instigation and/or on instruction of Hassani) had repeatedly subjected her to,” Larmer noted. The ERA ruling underscored the protective measures employees must sometimes take when faced with persistent mistreatment from Auckland car parts businesses or any employer.
“There was nothing to indicate that would not continue had she not resigned,” Larmer added, emphasizing the ongoing nature of the harmful behavior Brooker experienced at the Auckland car parts supplier. The ruling suggests a systemic issue within the company’s management practices.
Larmer also described the employer’s approach as “aggressive” and “adversarial” towards Brooker, further condemning the company’s handling of the employment situation. This characterization reflects poorly on the workplace culture at the Auckland car parts retailer.
As a result of the findings, Japanese Car Parts was ordered to pay penalties totaling $13,000, with $8000 of that amount directed to Brooker as compensation for the distress caused by the Auckland car parts company’s actions.
In addition to penalties, the Auckland car parts business was ordered to pay Brooker $3000 for unfair bargaining, $7000 for distress caused by her suspension, $21,250 for constructive dismissal, and $11,040 for lost wages. This comprehensive compensation package reflects the multiple harms Brooker suffered as a result of her employment at the Auckland car parts distributor.
In total, Brooker is to receive $50,290 from Japanese Car Parts, payable within 28 days of the July 13 ruling. This case serves as a significant reminder to all Auckland car parts companies, and businesses in general, about the importance of adhering to employment law and treating employees with respect and fairness. The ruling emphasizes the potential financial and reputational consequences of mistreating employees within the Auckland business community.
