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Home / Bay of Plenty Times

Retirement village at fault over sacking

By Kiri Gillespie
Bay of Plenty Times·
25 Nov, 2013 07:00 PM3 mins to read

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Bob Owens Retirement Village has been found at fault for unjustifiably dismissing a caregiver. Photo/ John Borren.
Bob Owens Retirement Village has been found at fault for unjustifiably dismissing a caregiver. Photo/ John Borren.

Bob Owens Retirement Village has been found at fault for unjustifiably dismissing a caregiver. Photo/ John Borren.

A Tauranga retirement complex has been found to have unjustifiably dismissed an employee based on "unchallenged gossip" from secret complainants.

In a decision released by the Employment Relations Authority, Bob Owens Retirement Village was found at fault for not properly investigating complaints resulting in the dismissal of caregiver Alana Brown or giving her a chance to respond.

The decision stated the essence of the case for Ms Brown was that Bob Owens conducted no inquiry at all "and simply relied on the secret statements of six colleagues".

"When pressed ... the impression the authority was left with was that Bob Owens' focus was on ensuring that there was no collusion between the complainants rather than actually investigating what the complainants were alleging."

Ms Brown was accused of hitting residents, stealing and intimidating staff. The latter issue was referred to as the reason why the complainants chose to remain anonymous, the decision stated.

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No complainant would go on the record and none was prepared to file a written, anonymous complaint. Complaints were written by management after conversations with complainants.

Ms Brown's lawyer, Warwick Reid, said his client was the victim of "unchallenged gossip" and did not have a chance to defend herself. "They didn't investigate it properly, they didn't give her a fair chance to respond. A fair and reasonable inquiry wouldn't have done what Bob Owens (Retirement Village) did."

Mr Reid said an employer such as Bob Owens Retirement Village, which is part of the Ryman Health Care group, had the ability to conduct a proper inquiry, "not like a small employer without the resources".

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The seriousness of the allegations meant it was more significant a proper investigation and consultation with Ms Brown was done, Mr Reid said.

"It's an important decision in the area of employment law. The more serious an allegation is, the more thorough the investigation needs to be."

Mr Reid said his client was "very distressed for a long period of time".

She had also been unable to find work and was yet to find out what she would receive in compensation, with another hearing about financial loss through harm and humiliation and lost wages scheduled for February 2014.

On February 19, 2013, Ms Brown was advised there had been a number of complaints about her role as a caregiver and she was handed a document headed up Discussion with Staff re Alana Brown 19/02/13. She was summoned to a disciplinary meeting on March 6, 2013, which she attended with a representative.

The next day Ms Brown was told she had been dismissed under a preliminary decision, which was confirmed by another letter on March 11.

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