In Leason v. ADAMANDA INC. o/a Dairy Queen Grill and Chill, Huntsville, the applicant brought a reprisal complaint against the respondent employer. In that case, conduct that might have been unlawful in most cases was found not to be, because the parties were all related.
So what was the issue? The manager’s sister, who was also the applicant’s cousin but not an employee at the time, upset the applicant by uninviting her to a birthday party.
What ensued after this? Heated email exchanges and verbal conversations regarding this issue which the applicant perceived as serious wrongdoing.
The adjudicator denied the reprisal complaint and stated:
[66] Michelle Turner also testified that any foul language used between her, and the applicant was only because they were cousins and friendly with each other. The testimony at the hearing confirmed that these three persons (applicant and her two cousins) were not communicating as fellow employees but rather as cousins. The frankness and feud in these communications can only be labelled as bickering among family members and cannot be considered as a poisoned work environment due to the fact that the text messages were not related to work, they and were exchanged outside of work, and the primary reason for this exchange of messages was because the applicant’s cousin was unable to attend the party and the applicant was uninvited from her cousin’s birthday party. (emphasis added)
The moral of the story, as (almost) always, is this: each situation will be assessed based on its particular facts and what may be considered a reprisal in one scenario may not be considered a reprisal in another scenario. Suppose the applicant and the store manager were not first cousins. Would the adjudicator have decided the case in the same way? Probably not.
That is why it’s critical to seek legal advice, whether you are an employer or an employee, before taking any steps that could impact your legal rights and entitlements. We regularly assist employers and employees in all aspects of the working relationship, including reprisals. As we always say, if you think you may need an Employment Lawyer, you probably do! You can contact us here.
