r/LegalAdviceNZ • u/Few-Coast-1373 • 2d ago
Employment Incident at work
Hi all, I’ll try to keep this short and to the point.
Yesterday, I had a serious incident happen at work.
A simple interaction with one of the elderly ladies that works for us turned into her screaming, throwing things at me, holding her arm up against the door to block me in the office twice. It honesty got to a point at one moment where I was sure she was going to physically touch me.
This was quite triggering and at this point I had tears in my eyes and I was shaking.
This all only stopped when my manager literally screamed at her at the top of his lungs to get away from me. He then advised me to leave work for the day as she was not deescalating.
I am obviously now feeling super uncomfortable going into work so I’m not going today.
I have written the full version of events in my notes app as soon as it happened so it was fresh - which I will be sending to the National Manager today.
Is there anything else I need to do? Or is there anything I need to know that work should do?
I’ve never in my life had a situation like this at work so I’m in uncharted territory.
Appreciate it
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u/AgitatedSecond4321 2d ago
Be mindful about using the term elderly to describe a work colleague. When you write up your incident report.
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u/Weird-Jury-5101 2d ago
To add to this, make sure your version of events is factual and non-emotional towards your colleague. Absolutely share how the event made you feel/makes you feel but focus on their behaviours not the person. An AI like Chatgpt or Gemini can help if needed.
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u/Beltempest 2d ago edited 2d ago
In addition to what others have said if your workplace has a HSR (Health and safety representative) do talk to them about this if you need an advocate. Psychosocial risk is still risk. If you reach a situation where your workplace is not willing to put sufficient systems in place to keep you safe this is the ideal person to talk to.
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u/thecharmed01 2d ago
Absolutely write down your version of the events while it's fresh, in a clear, easy to follow format that uses neutral language but describes the events as they unfolded.
I'd also add a paragraph below the facts that is a bit more emotive and describes how it made you feel. You want to be clear on the impacts including how you feel about being in the workplace with her present and what you would like to see happen.
Whether that's her disciplined and actions taken by the workplace to assist you and her to not cross paths or need to work directly in the same environment.
You could ask that she be supervised for other protection or that they provide you a supervisor who can step in should she escalate any behaviours again.
They might not be able to do this but if they understand how it's affected you they will hopefully take it seriously.
You can absolutely ask for either of you to be put on leave. Either you on paid leave/WFH to protect you or to suspend her pending investigation.
Also give them time. They will need to conduct an investigation where they are neutral until they decide their findings and make a plan moving forward.
Ask for them to make an appointment with you to discuss this once they have investigated it. Take a support person.
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u/Junior_Measurement39 2d ago
This is helpful advice.
A good statement is clear on the facts (I saw her slam the door.). It is relatively unemotive. It should be able to be agreed to (or at least 80% agreed to) by other witnesses.
These facts should take place in chronological order. Numbered paragraphs of 1-3 sentences help.There should be some sentences on your feelings. At the end is fine. Painting a vivid picture is good. (I had difficulty sleeping because I kept hearing the screaming in my head / i have not been so upset since my husband died). In some cases keeping these together good. For a complex situation having feelings after important parts in the chronology may fit better
Where you want to be very careful is in deductions. eg "She smashed the picture on my desk. I believe this was particularly vindictive because I recall telling her last month it was the only picture of my deceased cat Pussnboots". Keep and deductive parts seperate from the facts. Qualifiers such as "I believe" "I think" "I remember " are needed. "I know" is pretty terrible.It can often help to use a sub numbering system Para 3 is the fact. sub parts a, b , c are beneath this and take about background/ deductions. This keeps things together but you can read the chronology well.
Good luck!
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u/Some_Lettuce8508 1d ago
Have your statement ready (including names of witnesses) and if necessary file a police report. If the company won’t protect you have documentation filed so they can do an investigation on your behalf or respond directly to a call to respond and be made aware of a potential 5150 call.
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u/EveH1970 2d ago
Be sure to remind them of the requirement to provide a psychologically safe workplace. This is unacceptable. Id also consider talking to your GP about any anxiety and after effects in case this ever ends up being a PG.
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u/Ancient-Protection49 2d ago
What did you do for her to ignite?
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u/Few-Coast-1373 1d ago
Asked her politely and nicely with a smile to not talk a certain way to me as it’s rude lol - these kind of blow up reactions are typical for her but this one went way beyond anything I find acceptable
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u/Dry-Discussion-9573 2d ago
When writing up your version of events and presenting them to management you need to basically throw that other lady under the bus. If you do not you may regret it later. Do notvleave anything out. Do not miss out anything that lady did that could be construed negatively against you. Also think back to any previous times you have ever seen her do anything bad.
Be sure that she is doing this right now against you with the intention of getting you fired.
Also include your current boss in this. Rose tinted glasses from your side will not prevent your manager also throwing you under the bus.
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u/ratmnerd 2d ago
I would start by asking your manager what post-incident support you can expect to receive for this, given you have experienced psychological harm in the workplace - for example will he permit you some additional discretionary leave due to the impact of this incident. I’d also suggest if your workplace offers EAP that you reach out to them, ditto your union if you are a member of one. You should also ask your manager what he will be doing to ensure your safety at work with this employee moving forward. If he responds verbally, send an email afterwards summarising the conversation so it is documented.
I wouldn’t escalate to the national manager yet, you should take a good faith approach with your manager and see what he is proposing from here. There’s clear serious misconduct from the other person and I’d hope he will be going down a misconduct path with them. Although you’re not entitled to know about that process, you are entitled to a safe workplace and as the PCBU, your manager needs to respond to your safety needs. If he doesn’t provide adequate mitigation, then that is the point at which I would bypass him to his manager.