Social worker loses appeal

By MATHEW DEARNALEY

A female social worker sacked by a religious charity for allegedly having a sexual and counselling relationship with the same man has lost a legal challenge.

Presbyterian Support Northern dismissed social worker Helen Roach after a teacher at a Hamilton school to which she was attached, Nawton Primary, complained in February about the alleged coincidence of relationships.

The Employment Relations Authority noted in a decision backing the dismissal that the teacher was also in a relationship with the man, Richard Pepper, when Ms Roach became involved with him.

Ms Roach continues to deny ever counselling Mr Pepper, who had no children at the school, and she is considering appealing to the Employment Court against the decision.

The school confirmed to the Herald that the teacher, named in the authority decision as Sherryn Hill, no longer worked for it.

Principal Mike Sutton said he could make no other comment as the case was an employment issue between Presbyterian Support's family services division and Ms Roach.

Mr Pepper backed Ms Hill's claim when approached by Presbyterian Support, telling manager Gillian Robertson he was in a sexual relationship with Ms Roach at the same time as being counselled by her.

He also alleged that she gave him the prescription drug prozac, a claim which Ms Roach denies.

Ms Roach told authority member James Wilson that Ms Hill was motivated by jealousy to lie and that Mr Pepper, who did not appear before Mr Wilson, had a history of deceit and theft.

She said Presbyterian Support should have given his statements absolutely no weight.

Her lawyer, Julie Hardaker, submitted that no fair and reasonable employer could have reached a conclusion that Ms Roach counselled Mr Pepper while in a sexual relationship with him.

Ms Hardaker said the charity relied on hearsay, as the only direct evidence available to it was that of Ms Roach and Mr Pepper.

He in turn was the sole source of information to Ms Hill and two other main witnesses, she said.

But Mr Wilson accepted that Presbyterian Support did not decide to dismiss Ms Roach lightly or hastily, having undertaking a thorough inquiry before finding her guilty of serious misconduct.

Although it was true that some witnesses on whom it relied - particularly Mr Pepper - were "of dubious character" or had ulterior motives, he said the charity took this into account in reaching its conclusion.

Ms Robertson of Presbyterian Support also accused Ms Roach of impersonating a police officer and ringing the father of a Nawton school employee, to the detriment of the charity's public image.

She reported her findings in a dismissal letter, saying Ms Roach seriously breached a social worker's code of responsibility to clients, and harassed Mr Pepper and a person identified as A. Y.

An emotional Ms Roach told the Herald she did not accept the authority's decision and was considering an appeal, even though she was already thousands of dollars in debt from trying to clear her name. Both she and her family had found the case extremely traumatic. "I thought dismissal was when you did something wrong - but I have done nothing wrong."

Presbyterian Support's lawyer, Penny Swarbrick, said it was satisfied that there was a counselling relationship between Ms Roach and Mr Pepper "and the authority has stated we were entitled to form that view".