The employer of a caregiver sacked after being accused of failing to notice an elderly patient was drenched in vomit and ignoring another in need while listening to music has been ordered to reinstate her.
In an Employment Relations Authority ruling released yesterday, Radius Matua Rest Home and Hospital was ordered to reinstate Seionala Hammond to her former role after finding she was unfairly dismissed in March last year.
But the resthome and hospital's company, Radius Residential Care, is appealing the decision.
Brien Cree, managing director of Radius Care, told the Bay of Plenty Times Weekend: "First and foremost, our responsibility and our obligation is to the wellbeing of our residents".
Mr Cree would not comment further until the appeal process was finished.
The Bay of Plenty Times Weekend has learned Ms Hammond had been reinstated on the payroll but the company instructed her not to return to work.
The Authority ruled that in addition to giving Ms Hammond her job back, Radius was to pay her $4000 compensation for "the wrong done" and $10,000 as a contribution to her lost wages.
Ms Hammond had been part of a collective complaint against another staff member, Deidre Reid in January 2013.
After Ms Hammond and Ms Reid worked night-shift together for the first time following this on February 27, Ms Reid then complained about Ms Hammond.
Ms Hammond was accused of failing to adequately care for a resident who was found by the day staff covered in her own vomit, with vomit soaked through her bedclothes and bedding and the resident "cold and shivery".
Ms Hammond was also accused of failing to answer a call bell, that she was not caring for residents to an adequate standard, was rough with residents and verbally abusive of Ms Reid.
If Radius had endeavoured to address the very distinct differences in the way of working amongst its night shift staff, all of this might have been avoided.
A disciplinary meeting was held on March 7, 2013, but was "unsatisfactory" from both parties' perspectives.
A second disciplinary meeting was held on March 13, 2013, where Ms Hammond was told her employment would come to an end.
Authority member James Crichton said Ms Reid told him she did not like working with Ms Hammond and it was expected the feeling was mutual.
"If Radius had endeavoured to address the very distinct differences in the way of working amongst its night shift staff, all of this might have been avoided," Mr Crichton said in his ruling.
Mr Crichton said Radius was obligated in terms of fairness and equity to be aware that things would be exaggerated or misrepresented because the personal antipathy and past history.
But there was no evidence that Radius took any notice of those cautions, Mr Crichton said.
Ms Hammond was not the only staff member to check on the resident who had vomited and not realise because she had only checked from the door.
The Authority questioned that if this was part of Ms Hammond's sacking, why the other staff members were not also disciplined.
It was not persuaded that Radius had reached the proper conclusion in respect to the allegation.
It raised the same concerns in relation to the complaint of Ms Hammond not responding to call bells from a resident requiring toilet assistance.
The Authority found most of the staff knew the resident was "fiercely independent" and did not enjoy staff fussing over her.
On the night in question, Ms Hammond was seated in the staff area listening to music with one earphone when the resident's call bell went.
Ms Hammond said she acknowledged she was wrong to be listening to music but was monitoring the resident from a distance when Ms Reid walked into the toilet and took over the duty.
Radius appeared to have not given Ms Hammond the benefit of any doubt in regard to the allegations and was "wrong headed".
WHAT IS THE ERA?
The Employment Relations Authority is an independent body set up under the Employment Relations Act 2000. Its role is to resolve employment relationship problems by looking into the facts and making a decision based on the merits of the case, not on technicalities.