Aotearoa / New Zealand

A former Inland Revenue employee has lost her bid to claim unjustified disadvantage and constructive dismissal after making comments other workers found offensive.

She posted [on intranet]: "This is awesome but a shame it took so long coming. And interesting, now that men can menstruate, free period products are available in IR bathrooms."

Massof's manager, Leah Galbraith, became aware when the comment was reported to her by IR's rainbow network, which said some people were offended and upset.

Galbraith met Massof to discuss the comments and set expectations for the future.

She filed a statement of problem with the Employment Relations Authority saying she had been unjustifiably disadvantaged in her employment and Inland Revenue had not acted in good faith.

She then resigned.

"Insofar as Ms Massof complains that IR's provision of free sanitary products by IR in the bathrooms was an unjustified disadvantage, this claim cannot be made out. The provision of free product to all staff with no requirement for use or engagement by staff cannot be categorised as a disadvantage, much less an unjustified one."