Nelson Mail

Sacked worker wins case

-

A senior caregiver sacked from her job at Kensington Court Lifecare in Stoke has been awarded $9000 compensati­on plus lost wages.

Employment Relations Authority member Philip Cheyne has ruled that Susan Lucas was unjustifia­bly dismissed and unjustifia­bly disadvanta­ged.

Ultimate Care Group owns and operates the rest home. Its facility manager, Vanessa Kingsbury, summarily dismissed Ms Lucas in July 2009 for serious misconduct.

The dismissal followed complaints from other staff. A letter from the company to Ms Lucas alleged that staff felt ‘‘bullied’’ by her and were considerin­g leaving because of her behaviour towards them.

At a disciplina­ry meeting, Ms Lucas denied intentiona­lly harassing or bullying staff, and apologised if her behaviour had been perceived that way.

Represente­d by lawyer Anjela Sharma, Ms Lucas claimed her dismissal was unjustifie­d because of procedural defects and lack of substance.

Ms Kingsbury said she told Ms Lucas she would be investigat­ing the complaints, and gave Ms Lucas copies of them before telling her that she was suspended.

Mr Cheyne said Ms Lucas had no opportunit­y to say anything about whether there should be a suspension before that announceme­nt.

He accepted that Ms Lucas’ employment was affected to her disadvanta­ge by the suspension, and he found that it was unjustifie­d because she was not given an opportunit­y to comment prior to the decision being announced.

He ordered the company to pay her $2010 in lost wages and 5 per cent interest on that compensati­on, plus $9000 compensati­on for distress.

Ms Lucas, who now has another job, told The Nelson Mail she was relieved that the case was over, as it had taken three years.

In his determinat­ion, Mr Cheyne said the investigat­ion had been delayed because of the February 2011 Christchur­ch earthquake, because the ERA could not access its office and files. He had worked on other matters deferred or affected by the quakes.

Ms Lucas said her win should be an encouragem­ent to others standing up for their jobs.

Newspapers in English

Newspapers from New Zealand