A factory worker who stayed at home for six months after she “bumped” her knee, aggravating a prior injury, has been awarded thousands of dollars over a bullying investigation.
Yujing Li began working for Synlait Milk Ltd as a process technician at its Canterbury factory in March 2023, shortly after completing a degree in food science.
“Regrettably, her experience working with Synlait did not go as well as she hoped,” the Employment Relations Authority (ERA) recorded in a recent determination.
Four months into her new job, Li “accidentally bumped her left knee” on a machine. This aggravated an injury received earlier that year, and first aid was administered.
Over the following months, Li provided Synlait with medical certificates and did not return to work.
After 10 weeks, production manager Jeffrey Kirby inquired about her recovery. Li replied that her injury was complex and a sports doctor had estimated a full recovery would take half a year.
In late October, Kirby inquired again, seeking to meet with Li and other Synlait staff. Li agreed to a meeting weeks later — but not if her team leader was there.
Around this time, Li had alleged she was bullied by the team leader when she tried to discuss with him a stay at work programme supplied by ACC.
The ERA did not name the team leader and did not establish whether the bullying actually happened.
Li told a manager the team leader was “hysterically abusing me and humiliating me for over half an hour with groundless accusation(s), wanting me to resign from Synlait”.
She claimed he said, “we are wasting money on you”, “you should just quit”, “you are too slow for everything” and more, leaving her “in tears, humiliated and shocked”.
Kirby headed an internal investigation and eventually concluded no bullying had taken place. His conclusion would prompt Li to call for another investigation later.
In November, things began to heat up. Li and her mother met with Synlait officials, Synlait requested further medical information and more meetings were scheduled.
The company was concerned about “the lack of clarity regarding Ms Li’s return to work”.
In December, Synlait asked Li to see a company-appointed doctor in early 2024 so it could better understand her situation.
Li expressed a desire to return to work later that month, but had reservations about the team leader and Synlait’s medical incapacity process. She referred to resigning as a “last resort”.
Closer to the January doctor appointment, Li indicated she felt stressed and wished to postpone it.
Rachel Hyett from Synlait’s human resources responded to her, explaining the company had no diagnosis of her injury and no indication of when she would return to work.
The doctor appointment would also “inform whether we are able to keep your role open for you, given it’s been six months since you have worked a shift,” Hyett said.
Li raised a personal grievance days later over the bullying investigation and Synlait’s actions regarding her injury. A meeting was held, but the matter was not resolved.
She resigned at the end of January and claimed to the ERA that Synlait had unjustifiably disadvantaged her.
The ERA dismissed her claim that she had been inadequately supported following her injury, finding “Synlait attempted to support Ms Li’s return to work but reasonably required input from a medical professional”.
However, it found the company had unjustifiably disadvantaged Li in how it conducted its bullying investigation. Kirby, the investigator, was also a witness in the bullying investigation and Li had been kept in the dark, the ERA noted.
Li, who provided a medical report to the ERA describing the situation’s impact on her, was awarded $12,000 compensation.
Source: The Press
