A former employee of an Auckland car parts company who was “very unfairly” treated by her employer has been awarded $50,290 by the Employment Relations Authority.
In the Determination released on 31 July, the the Authority member, Rachel Larmer expressed the view that the 21-year-old employee, Courtney Brooker had been treated “very unfairly” throughout the duration of her short employment at Japanese Car Parts Limited.
Brooker alleged she had become so “ground down by JCP” over the 14 weeks she was employed that her physical, mental, and emotional health became seriously adversely impacted. She resigned on 7 November 2023 because she “simply couldn’t take it any longer” from the company’s sole director, Ali Hassani.
In her statement to the Authority, Brooker claimed during her time at Japanese Car Parts , she felt “bullied and intimated”. Her other claims included being asked to rest breaks at her desk, to come to work while sick, not paid correctly, being pressurised to sign employment agreements, unilaterally inserting probationary period clause, suspension without pay, etc.
The Authority held a one day in-person investigation meeting in Auckland that was attended by Brooker and her mother. The Authority member, Larmer found them to be “straightforward, truthful and credible witnesses.” Brooker’s evidence was also largely supported by documents and transcripts of meetings with managers she had secretly recorded, and were accepted by the Authority.
Hassani provided a witness statement, but failed to present himself to be questioned by the Authority about his evidence.
The Authority found Japanese Car Parts responsible for numerous breaches of the Employment Act, and the employer had adopted an “aggressive” and “adversarial” approach towards Brooker.
Japanese Car Parts was ordered to pay a total of $50,290, which would have to be made within 28 days of the July 13 ruling. This amount includes penalties of $13,000, of which $8000 would go to Brooker. She would also receive $3000 in compensation for unfair bargaining, $7000 in distress compensation for her suspension, $21,250 in compensation for her constructive dismissal claim and $11,040 in gross remuneration loss.