No compo for doctor sacked unfairly

A sacked Chapel Street Family Doctors' GP given five minutes to clear his desk and leave the building has had his complaint about unjustified dismissal upheld by the Employment Relations Authority, but won't get a cent in compensation because the company is in liquidation.
The ERA ruled Wairarapa Medical Limited unjustifiably dismissed David Smith in July 2008, and criticised the director of WML, Dr David Nixon, for not participating in the investigation.
Dr Nixon left for Australia earlier this year after the collapse of the company, which had debts of over $1million.
The employment court heard Dr Smith was told by Dr Nixon, in front of patients and staff, that his employment was terminated with immediate effect. He protested and asked for a month's pay in lieu, but was told to hand in his keys and leave.
Dr Smith told the authority he had no prior notice of the reasons and had no opportunity to comment before the decision was made. He had never received a written termination 'r written reasons for the dismissal.
In his report ERA member Paul Stapp said David Nixon, as the director of WML - since put into liquidation, and the person who had dismissed Dr Smith, had not provided the authority with any reasons for the dismissal. He had also not provided reasons for not assisting with the inquiry.
Despite no representation for WML at the hearing, Mr Stapp ruled he would act as fully in the matter as if there was representation.
For the hearing to proceed against the liquidated company Dr Smith had previously agreed to liquidators conditions that any judgment or costs claimed against the company not be enforced.
Dr Smith claimed $25,000 compensation for hurt and humiliation resulting from the dismissal, as well as lost wages and legal costs.
Mr Stapp said in his ruling had costs been able to be enforced he would have awarded Dr Smith $10,000 for hurt and humiliation because of the manner in which he was dismissed, and the situation he found himself in as a result. He also would have awarded compensation for lost wages, including one month's notice, and $3000 toward the cost of bringing the matter before the ERA.
Mr Stapp said "this is a situation where a matter of principle exists for Dr Smith seeking vindication without monetary remedies."
Dr Smith thanked his supporters; saying the ruling meant as much for them as for him.
"It is hoped that Masterton can now get back to the job of providing a comprehensive and effective primary health care service that is affordable to everyone irrespective of age, income or background."
His wife Gail Smith said "it took us a while to get over it, and I think we are over it now that the case is over."
"We persevered against Dr Nixon because my husband was sacked in front of all the staff and patients. It caused quite a bit of upset to us and the staff."
"But Dr Nixon has pushed off to Australia and left us all to it," she said.
In July this year the Chapel Street Family Doctors was taken over by theWairarapa Primary Health Organisation after Wairarapa Medical Limited was placed into liquidation.
A spokesperson for PHO said they are currently looking for a buyer for the practice, and hopes a deal will be finalized by Christmas.