Managers of ISS Facility Services Ltd., which provides cleaning services for Wellington Hospital, have been instructed to undergo cultural education after being found to have used racist language toward Samoan employees. The Employment Relations Authority determined that the managers had referred to the employees as “you people,” which was deemed discriminatory.
The case began when Poulima Lavea, a rubbish collector, and his colleagues Natapu Resitara and Peti Pesefoti complained of discrimination. Lavea also claimed he was unfairly dismissed. He alleged that his supervisor, Lynne Doull, used racist remarks and was unfairly harsh, leading to his suspension.
ISS contested the claims, arguing that Lavea’s dismissal was justified due to his admission of pushing Doull, which violated Wellington Hospital’s zero-tolerance policy on violence. They also claimed that the phrase “you people” was not racist and that their CCTV footage proved Lavea’s misconduct.
The Authority’s investigation revealed that Doull had made frequent racist comments about Samoans, which were supported by witnesses Resitara and Pesefoti.
The footage did not conclusively show the alleged physical confrontation, and ISS’s investigation was criticised for lacking thoroughness and failing to consider all evidence.
The Authority ruled that Lavea’s dismissal was unjustified and ordered his reinstatement, along with compensation for lost wages and emotional distress.
It also mandated that ISS pay compensation to Resitara and Pesefoti for their mistreatment. ISS was directed to provide cultural education for its management to prevent future discrimination.
