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Home / New Zealand

Employer pays price for obstructing court

NZPA
3 Dec, 2006 05:57 AM2 mins to read

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KEY POINTS:

An employer paid a high price for trying to torpedo an Employment Relations Authority investigation into the unjustifiable sacking of a medical receptionist.

Megan Wall was awarded nearly $20,000 after taking her former employer, Strategic Health Limited (SHL), before the authority.

Ms Wall, who was also employed -
and sacked - as a mental health support worker by the same employers, won back lost wages, holiday pay, and compensation for humiliation and costs.

After suffering an injury that required time off work, Ms Wall was dismissed from her job as a support worker. Her employers were concerned she was a health and safety risk.

Two months later, a lawyer from SHL contacted her, issuing her with a written proposal about her employment. When she asked for more details, Ms Wall was told to talk to her employer - who ignored her.

Two days later her boss put her on notice over her performance and conduct. She was surprised by this, thinking it was an unjustified final warning.

Then, eight days later, on July 27, she was fired.

Ms Wall was given two weeks' pay in lieu of notice, no holiday pay, and was told she was being made redundant.

Her employer said there was no fulltime job available, not enough cash to pay her and the business was facing an imminent restructure.

Any attempts at mediation were sunk by SHL, with the directors saying they were away. However, when Ms Wall checked with the chairman's office, she found he had appointments when he was supposed to be overseas.

The authority said SHL did not provide any documents or co-operate. "Indeed, I will go further to say that its inactions may be wilful and contemptuous of the authority," it said.

The authority awarded Ms Wall $4888 for lost wages, $10,000 compensation for humiliation and hurt feelings, $1244 holiday pay and $2542 for costs.

- NZPA

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