'Anti-union' boss must pay $11,000

A Kawakawa employer who declared she was "anti-union" has been ordered to pay more than $11,000 after she unjustifiably dismissed a worker who was a union member.

Ripeka Nathan-Bristow was made redundant in November 2009 by Mana International Ltd, which owned Kawakawa Four Square, where she worked.

Ms Nathan-Bristow took the matter to the Employment Relations Authority, alleging she was unjustifiably dismissed by way of redundancy without warning or consultation, was subject to unilateral changes in her working hours, was not provided with an employment agreement, and was discriminated against because she had joined a union, as a result of which she was unjustifiably disadvantaged in her employment.

ERA member Eleanor Robinson found in Ms Nathan-Bristow's favour on all matters and ordered Mana International to pay her $5500 compensation for hurt and humiliation, $4875 in lost earnings, $500 for non-provision of an employment agreement, with $300 of it going to Ms Nathan-Bristow, and $300 for non-provision of wage and time records, with $200 going to Ms Nathan-Bristow.

Ms Robinson said Mana International director Naina Bhikha had raised no legitimate justification for her actions in dismissing Ms Nathan-Bristow.

"And when questioned ... agreed that she had not wanted union involvement in Kawakawa Four Square and that she was anti-union," Ms Robinson said.

"Although Mrs Bhikha denied that these views influenced her decision-making process, I find that Kawakawa Four Square has not rebutted the presumption that Ms Nathan-Bristow was discriminated against on the basis of her union membership."

Ms Robinson found that the company had breached good faith provisions of the Employment Relations Act and that Ms Nathan-Bristow's dismissal was not fair and reasonable.