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Phone stutter in call-taker job leads to sacking, then $22k compo for humiliation

Author
Ellen Thompson - Open Justice,
Publish Date
Wed, 10 Aug 2022, 8:25PM
(Photo / Getty)
(Photo / Getty)

Phone stutter in call-taker job leads to sacking, then $22k compo for humiliation

Author
Ellen Thompson - Open Justice,
Publish Date
Wed, 10 Aug 2022, 8:25PM

A woman who was sacked because of her stutter has been awarded $22,000 in compensation for hurt, humiliation and lost earnings.

Olivia Farrelly was hired to work as a customer service, sales and office support worker at Advance Office Products Limited in June 2020.

But after working two weeks, Farrelly was called into a meeting with her bosses Anna and Campbell Davis.

At the meeting, the directors of the company expressed concerns about her communication with customers and staff members over the phone.

Farrelly told her bosses she had a stutter and was dismissed from her job at the meeting.

In a recent Employment Relations Authority (ERA) decision, Anna Davis said that because of Covid-19, their store was closed to the public, with all sales happening via the phone.

The company directors told Open Justice the decision was unfair and the stress it had caused them was still very raw.

"In 40 years of business, we have never come across something like this. Our employees are like family to us. We are good genuine people."

Anna Davis told the ERA she had observed Farrelly's calls and noted that speech was an issue every time.

"I was concerned that the name of the business wouldn't be pronounced correctly and we would lose customers as a result.

"I had chats regarding the communication concerns on several occasions. The first time I addressed it I encouraged her to slow down and relax.

"When I raised these issues with Farrelly, her reaction was to fob it off and ignore it."

Campbell Davis told the ERA there had been no complaints from customers about her speech but that the pair had heard customers and suppliers hang up because of the communication issues.

The couple said phone calls accounted for about 75 per cent of the job but Farrelly said it was actually 20 per cent of the role and not the biggest part of the job.

"I have been employed in customer service roles without issue for over three years. I have had a stutter my whole life."

Farrelly told the ERA she was shocked and had a hard time coping with the impact the dismissal had on her.

Although Anna Davis said the meeting was held in private, Farrelly claims she was let go in a public place, causing her to become very humiliated.

Authority member Rowen Anderson accepted that Farrelly was humiliated by the experience.

"I am satisfied that the impacts were reasonably severe and caused humiliation, loss of dignity and injury to feelings.

"The actions of Advance Office impacted Ms Farrelly's self-worth and self-esteem.

"I am satisfied that there was a significant loss of dignity resulting from being devalued on account of her physical disability," Anderson said.

The Davis' were ordered to pay $17,500 as compensation for hurt and humiliation and $4860 in lost earnings.

Anna Davis told Open Justice Farrelly never disclosed her impediment.

It wasn't until the business owners noticed the difficulty Farrelly had on the phone that they took her aside privately, Anna Davis said.

"I said to her I couldn't believe she had an impediment and that I didn't pick it up in the interview.

"She replied telling me that I wouldn't have noticed the stutter as it only happens on the phone.

"The job was advertised as customer service and five out of the six attributes stated were about being good on the phone."

Campbell Davis told Open Justice he believed the 90-day trial period should have covered the situation.

"Customers may have been confused as to which business they were calling when she answered the phone," Campbell Davis added.

The pair said they weren't happy with the ruling, but that they wanted to put what had happened behind them.

"We don't want any more stress."

Farrelly said she was pleased with the ruling. "I hope that other people impacted by a stutter are not afraid to stand up for their rights."

- Ellen Thompson, Open Justice - NZ Herald

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