Facebook funeral photo used in ‘deficient’ rest home inquiry
An Invercargill retirement village manager whose Facebook post was used in a claim against her has been awarded compensation for humiliation, loss of dignity and injury to feelings.
The Employment Relations Authority awarded Sharyn Payne six months in lost wages and $20,000 compensation. It also called her then-employer’s workplace investigation ‘‘deficient in several major aspects’’.
Payne was the village manager at the Bupa NZ-operated Ascot Retirement Village for just less than a year, from November 9, 2015.
Lawyers Mary-Jane Thomas and Kirsty Allan argued their client’s dismissal was procedurally and substantively unjustified, and sought awards for lost wages and compensation.
That dispute prompted an investigation by the Employment Relations Authority, which resulted in a determination last month.
Payne was head-hunted by Bupa to manage Ascot, and was told there would be on-going training and a handover period with the outgoing manager. She told the company she also worked as wedding celebrant over some weekends, and had some bookings coming up.
Payne, who received a salary of $59,000 to cover all the hours worked, said she received fewer visits from management than promised, a claim rejected by the company.
On September 21, 2016, Payne acted as a celebrant for the daughter of a close friend who had died in a car crash.
Payne understood she had flexibility in her job. She worked until 9.30pm the night before, and so was absent between 9.30am-12.30pm on the day of the funeral.
One of Bupa’s managers, Jan Summerell, became aware of the funeral via Facebook.
Eight days after the funeral, Summerell rang Payne advising complaints had been made about her, including the way in which she dealt with a resident – ‘‘Resident Z’’ – and unauthorised absences from work. Payne received a letter the next day.
She only became aware of the nature of the complaints when she received a further letter on October 5, asking her to attend a disciplinary meeting.
Those complaints include Payne failing to take Resident Z to a doctor’s appointment despite advising family she would; not returning calls in a timely manner; not delivering Resident Z’s lunch for one week, and failing to check on him, despite requests from his family.
To support another allegation over unauthorised absence, Summerell produced a screenshot of Payne’s Facebook page. It featured a photograph of her, in a car surrounded by balloons, with a caption that said she was honoured to be the celebrant.
The company also raised issues about Payne not sighting a medical certificate, and a ‘‘mystery shopper’’ evaluating her as ‘‘not positive’’.
After a disciplinary meeting attended by Payne, her partner, her lawyer and Bupa representatives, the company decided a preliminary decision of a summary dismissal was the appropriate outcome.
Her dismissal was later confirmed in writing on November 3, 2016, but residents were told two days prior.
ERA member Andrew Dallas found the Bupa investigation ‘‘deficient in several major aspects’’. That included Summerell carrying out the investigation, and advising residents of her dismissal before communicating that to Payne. That was ‘‘not the act of a fair and reasonable employer’’.
Dallas raised concerns about the training offered ‘‘for a person completely new to the aged care sector’’.
Payne’s dismissal had a ‘‘devastating’’ impact on her, including avoiding any of the home’s residents around Invercargill so she didn’t have to answer questions.
The ERA awarded six months in lost wages, and $20,000 as compensation for humiliation, loss of dignity and injury to feelings. Costs were reserved.
ERA member Andrew Dallas found the Bupa investigation ‘‘deficient in several major aspects’’.