Racism in New Zealand Workplaces
Racial harassment is behaviour or language that directly or indirectly expresses hostility against, or brings into contempt or ridicule, an employee on the ground of the race, colour, or ethnic or national origins of the employee.
Regrettably, we have found that employees born outside of New Zealand are over represented in employment cases. We have had many cases of non European employees who were highly qualified for their jobs but who have experienced being sidelined in their work, or bullying, or other unpleasant behaviour. Sometimes the bullying is from a manager, other times the bullying has come from other employees with the managers turning a blind eye. Sometimes it is obvious that the bullying is directly the result of racial harassment.
Other times it is more subtle, for example, we have met a number of employees who because of their religious convictions don't drink alcohol. Instead of being tolerant of this difference, these employees have been harassed for not joining in with drunken work place drinks get togethers. Subtle discrimination could also occur if a manager demands that an employee works on an important religious holiday when that is not a normal part of their terms and conditions of employment.
You don't have to be a different colour to experience racial harrassment in the workplace. We have had a number of white South African and American clients who have been targeted because someone took a dislike to them in their workplace. Instead of taking the time to sit down and work out how to resolve any perceived differences, the first reaction is often a whispering campaign followed by an attempt to get rid of someone.
Racial harassment is wrong and it is illegal.
If you are racially harassed this will give you a personal grievance claim. The difference from other personal grievance claims is that you will usually have the choice of trying to resolve the problems through the employment dispute channel or through the Human Rights Commission (this choice is also available for victims of sexual harassment and discrimination). We can assist you with either aspect, however, for most cases we recommend taking the employment dispute route as this is usually faster. Please contact us if we can help
Regrettably, we have found that employees born outside of New Zealand are over represented in employment cases. We have had many cases of non European employees who were highly qualified for their jobs but who have experienced being sidelined in their work, or bullying, or other unpleasant behaviour. Sometimes the bullying is from a manager, other times the bullying has come from other employees with the managers turning a blind eye. Sometimes it is obvious that the bullying is directly the result of racial harassment.
Other times it is more subtle, for example, we have met a number of employees who because of their religious convictions don't drink alcohol. Instead of being tolerant of this difference, these employees have been harassed for not joining in with drunken work place drinks get togethers. Subtle discrimination could also occur if a manager demands that an employee works on an important religious holiday when that is not a normal part of their terms and conditions of employment.
You don't have to be a different colour to experience racial harrassment in the workplace. We have had a number of white South African and American clients who have been targeted because someone took a dislike to them in their workplace. Instead of taking the time to sit down and work out how to resolve any perceived differences, the first reaction is often a whispering campaign followed by an attempt to get rid of someone.
Racial harassment is wrong and it is illegal.
If you are racially harassed this will give you a personal grievance claim. The difference from other personal grievance claims is that you will usually have the choice of trying to resolve the problems through the employment dispute channel or through the Human Rights Commission (this choice is also available for victims of sexual harassment and discrimination). We can assist you with either aspect, however, for most cases we recommend taking the employment dispute route as this is usually faster. Please contact us if we can help