Ethiopian man in New Zealand who claims racial harassment and unfair dismissal from work received $7000 in compensation

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An Ethiopian man claiming he was racially harassed to the point of losing his job has received almost $7000 in compensation – but not for racial discrimination.

Tessema Abohay was employed by Van Der Brink Poultry Ltd between 2004 and May 2012 as a boner until he was fired for assaulting a co-worker.

However, Abohay claimed he had been subjected to discrimination ”on the basis of his colour, race and nationality” after a new production manager started in 2010.

In an Employment Relations Authority hearing in Christchurch, authority member Christine Hickey found Abohay was unjustifiably dismissed after a co-worker confronted him and he retaliated by kicking him.

Abohay’s claims of racial harassment date back to 2010, when John Smith became production manager.

He said ”treatment towards him changed and became inconsistent” and he was ”subject to unwarranted disciplinary action”.

Abohay compiled a list of ”racial allegations” against Smith, including a day he was sent home on sick leave and then refused sick pay, a temporary demotion of duties for ”no apparent reason” and an ongoing failure to promote Abohay to the position of contract boner, despite others around him gaining the job.

Smith denied he treated Abohay negatively or differently because of his race.

Abohay wrote a letter to his employer and to the Human Rights Commission about his unfair treatment, but withdrew the latter as he was ”concerned about damaging his employment relationship”.

In 2010, he claimed a colleague threw a cup of tea at his head, but this was denied by the colleague, who said he was verbally assaulted by Abohay.

Abohay said Smith encouraged the colleague to make a formal complaint about him.

In April 2012, Abohay made a complaint against another boner, Darryl Rice, who he claimed was racist and acting aggressively towards him.

Nine days later, Abohay said he was followed to his car by Rice after ending his shift, and a heated argument broke out about the complaint.

The argument ended in a physical stoush in which Abohay kicked Rice, claiming self-defence, while Rice claimed he was assaulted.

After the fight, Abohay was suspended on full pay while the allegations were investigated.

A disciplinary hearing followed, and Abohay was dismissed and Rice recieved a warning.

Hickey concluded that the ”lack of an adequate investigation to have been more than minor and to have led to Mr Abohay being treated unfairly”.

Because of Abohay not raising any issues alluding to racial discrimination at the workplace before the hearing, she said, there was no evidence to suggest his ”detriment or perceived detriment … was by reason of his colour, race, nationality or ethnic religion”.

Abohay sought more than $21,000 for lost wages and for the negative effect the dismissal had on him and his family.

Hickey ruled that in kicking out at Rice, Abohay’s behaviour was ”blameworthy”, and reduced his compensation to a payout of $2400 in compensation and $4447 in lost wages.

ASHLEIGH STEWART, stuff.co.nz