Nanny fired by text after son’s operation
Would-be Warriors owner Paul Davys has been ordered to pay $15,000 to a nanny he fired by text message.
Kelly Randall, who worked as Davys’ personal nanny and housekeeper, was unjustifiably dismissed, the Employment Relations Authority has ruled.
Randall had responded to an advertisement on Trade Me for a position working for ‘‘a busy businessman’’.
But she had to take two days off work to care for her son, who had undergone surgery, and was told by text message on her return she was no longer needed.
‘‘Kelly, time to move on. I’m giving you two weeks’ notice to find another job,’’ Davys’ text said.
Davys, who at one point this year was in talks to buy the Warriors league club, is a director of franchise operation ChoiceKids.
Randall’s work for him included a list of maintenance tasks on his house was well as shopping and normal housekeeping duties, and looking after his dogs. He asked her to provide bank account details to ChoiceKids codirector and HR manager Peter Brown.
In March, Randall was looking for a bank loan and asked Brown for a payslip to confirm her income.
But he told her that she was being paid in cash and did not receive payslips.
Randall said Brown’s response shocked her. But before she could raise the matter with Davys, her son had to go to hospital.
She notified Davys of this, but when she returned to work and asked for her pay, he replied by dismissing her.
Davys claimed Randall was never given an employment agreement because she was on a contract position and was not an employee.
In its decision, the authority said it was surprising that an experienced businessman such as Davys did not provide Randall with documentation.
Davys said he had raised concerns about her standard of work. But there had been no attempts at a formal performance management discussion.
The authority found no evidence that Randall was in business on her own account, and concluded that she was an employee.
Davys has been ordered to pay Randall 11 weeks’ worth of wages
($6875), $300 in holiday pay and
$8000 for humiliation, loss of dignity and injury to feelings.