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New Zealand - Woman awarded $168k over offensive cake

02 March 2015

A Napier woman who baked an offensive cake about her former employers has been awarded more than NZD 168,000 (USD 126, 900) in damages following a Facebook breach of privacy and "loss of dignity" according to the New Zealand Herald.

During a Human Rights Tribunal hearing last December, former NZ Credit Union Baywide (NZCU) employee Karen Hammond claimed her former bosses breached her privacy when NZCU took a screenshot of the offending cake from her Facebook page and distributed it to recruitment agencies.

Ms Hammond left the company in March 2012 and five days later baked the frosty dessert for her workmate, whom she believed had been constructively fired from the company. The fruit and chocolate chunk cake, with "Credit Union Baywide f*** you" and "c***s" in pink icing, was taken to a dinner party of ten friends and an image uploaded to social media. Once NZCU executives obtained a copy of the photo it was distributed to recruitment agencies and Miss Hammond's new employer, Financepoint, with a request she be sacked.

Ms Hammond, who represented herself during the hearing, was today awarded NZD 168,070.88 (USD 126, 900) , NZD 98,000 (USD 74,000) for humiliation, loss of dignity and injury to feelings, NZD 38,350 (USD 28, 698) was awarded for lost income, and being a pecuniary loss suffered as a result of the interference,  NZD 15,543 (USD 11,740)for pecuniary loss in the form of legal expenses, and NZD $16,177 (USD 12,219)for the loss of a benefit Ms Hammond might reasonably have expected to obtain.

Baywide is also forced to send a retraction of an April 12, 2012 email warning about Ms Hammond along with a copy of the decision to Red Consulting Group, Able Personnel, Adecco and Grow HR.

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