Shift work row leads to sacking, $5k payout

An aged-care worker who was fired for not being able to work on certain days of the week has been awarded more than $5000 by the Employment Relations Authority (ERA) for unjustified dismissal.

Ying Deng worked as a cook at New Windsor Aged Care, trading as Good Future Auckland, but resigned in 2014 after she broke her leg in an accident.

When Deng returned in February 2016, she was offered two days a week. Her shifts started changing and after a year she threatened to sue her boss, Good Future Auckland director Nan Wang.

In July 2016 her roster changed to three days, but after September this reverted back to two days.

To make up for the lost day Deng took a second job. But another change in hours caused a clash, resulting in Deng giving up the second job.

Deng’s relationship with Wang deteriorated over the changes. Wang said she had respected Deng being unable to work on Sundays due to her church commitments, but could no longer do so.

In March 2017 Deng posted a message on the Chinese social media app WeChat, in a group that included the rest-home staff.

Deng posted: ‘‘Have you ever seen such a boss? She repeatedly change [sic] my shift. She got any mental problems? I didn’t say I didn’t want to work.’’

In subsequent posts Deng said the roster changes were against the law and that she would sue.

On April 25 last year Deng received two warning letters and a third about posting defamatory material on social media. The third letter also included the new roster, which excluded Deng.

There was no disciplinary process leading up to the letters.

ERA member Nicola Craig said: ‘‘I am not satisfied that the employer acted in a way which a reasonable employer could have done.’’

Deng was awarded $2700 as compensation for humiliation, $2415 in lost wages and holiday pay and $72 in costs.

The ERA reduced Deng’s compensation for her comments on social media about Wang having mental problems.