Nanny who rebelled sets legal precedent

By MATHEW DEARNALEY

The dismissal of a children's nanny who "asked for more" invited a reference to the Dickens character Oliver Twist in a successful legal challenge by the woman.

Irene Munro was sacked after asking her employer, Hamilton hairdresser Joanne Dudley, for $10 a week for petrol to run Mrs Dudley's children around town.

This was on top of a $45 daily wage which Mrs Munro, aged in her late 60s, received for duties lasting up to 10 hours.

She stormed out when her petrol-money request was refused and Mrs Dudley's manager husband, Tony, phoned her the next day to say she was fired.

But the row was on her day off, and the Employment Court found in a decision classed as a significant new addition to employment law that she could not be deemed to have walked off the job.

Judge Graeme Colgan said Mrs Munro worked for long hours and very modest pay, not only caring for the Dudley children but cleaning their home, preparing meals, and transporting the youngsters in her own car.

He said she provided a high standard of service but objected to having to pick up and tidy the adult Dudleys' soiled clothing, and had justifiable complaints about the state of the house she was expected to clean.

All payments were cash, with no pay slips, no deductions for tax or accident compensation, and what the Employment Tribunal found in an earlier ruling was an unlawful "pay-as-you-go" holiday pay component which was included in her $45.

Judge Colgan added that although Mr Dudley paid for some new tyres for Mrs Munro's car, she wanted a modest contribution to running costs in view of an increasing expectation of transporting the children during her working hours.

He added $1500 in costs to an award of $2800 which the tribunal granted Mrs Munro for unjustifiable dismissal.

A tribunal adjudicator referred to Oliver Twist, the workhouse orphan of Charles Dickens' novel of that name, who was thrashed for asking for more gruel.

The tribunal found that Mrs Munro was given no opportunity to explain her actions before being dismissed, and that her outburst was brought about by financial stress.

But it did not hold the employer solely responsible, saying Mrs Munro's contribution meant the sum it awarded was 50 per cent less than she would otherwise have received.

Mr Dudley, supporting his wife in an appeal to the court against the tribunal decision, said he feared Mrs Munro might physically harm her or their children.

"The Dudleys expressed the view that they could not put up with what he categorised as being threatened and abused or having to leave their children with someone who was so angry," Judge Colgan said.

But the judge said this overplayed Mrs Munro's words and actions.

The nanny was said to have made remarks to Mrs Dudley such as: "Youdon't know what it's like not havingpetrol in your car, Lady Muck - you'vehad it too easy. I hope your kids don'tgrow up to be like you."

She was also said to have shaken her finger at her employer and admitted uttering words on the phone such as: "You bastards are all the same."

Judge Colgan said these were more a commentary on the Dudleys' socio-economic circumstances and their unwillingness to pay her more money than threats to their safety or comfort.


Rules should govern job description

Parents considering hiring a nanny to look after their young should be fully aware of their obligations as employers, subject to the full weight of the law.

Judy Jay, director of the A+ Nanny Network in Auckland, says it is up to families and nannies to negotiate their own arrangements but she provides detailed draft job description agreements which she recommends they follow from the start.

She suggests they work through the drafts together, ticking boxes for each agreed duty to minimise any risk of misunderstandings later.

Although all nannies are expected to tidy up after children in their care and look after their nutrition, she says they should not have to perform chores for adult members of a household unless there is some specific agreement.

Employment contracts should include statutory holiday pay and sick leave entitlements, as well as minimum notice periods for both parties.

Income tax and employers' contributions to accident compensation insurance must be paid, although the Government-chartered Porse Nanny Childcare Network offers a national administration service to take care of these items.

This network of 15 franchises, which provides structured early children education programmes for nannies to follow in homes and childcare centres, handles more than $7 million of wages a year and $1.5 million of tax.

Nannies are entitled to at least three weeks' annual leave, 11 public holidays a year and five days' sick or domestic leave.

Rates for nannies in Auckland range from about $12 to $18 an hour.