In her final decision for the Employment Relations Authority, triple-dipper Susan Bathgate awarded damages to an employee found guilty of serious misconduct because her boss did not consider cultural issues when sacking her.
Ms Bathgate, who resigned in November after it was alleged she was doing other work while claiming a
full salary from the authority, issued her last determination last week.
Emmaline Heather Burberry was employed as a Maori mental health worker by Good Health Wanganui from October 1980 to March 2001, when she was dismissed for serious misconduct.
Ms Burberry had applied for annual leave to attend a Maori Youth conference. Her leave application was turned down but she went anyway, missing two days' work.
After a disciplinary investigation, she was dismissed for refusing to carry out a lawful instruction from her manager and being absent from work without good cause.
Ms Bathgate agreed that Ms Burberry's actions could be classed as serious misconduct.
But she said the employer should have taken account of mitigating circumstances, including her length of service, and considered alternative action such as a written warning.
She also said the disciplinary process should have considered cultural matters.
Ms Bathgate said the attitude of the employer at the investigation meeting, when treaty and partnership principles were raised, "provided considerable cause for concern. There was simply no recognition that these issues might in some way be relevant".
Ms Burberry sought lost wages and damages for humiliation. It was found that she contributed to the situation she was in, so the damages were reduced by half.
The employer was ordered to pay lost wages for six and a half weeks, and $2250 for humiliation and loss of dignity.
- NZPA
