The doctor was treated fairly when he was sacked for ill-health, after taking 10 months' sick leave following an investigation into his text exchanges with a junior doctor. Photo / 123RF
The doctor was treated fairly when he was sacked for ill-health, after taking 10 months' sick leave following an investigation into his text exchanges with a junior doctor. Photo / 123RF
A Northland doctor investigated after sending “flirty texts” to a junior doctor was fairly sacked from his job, after taking 10 months’ sick leave due to the stress of the investigation, a court has ruled.
The Employment Court decision released earlier this month comes after a long-running legal battle betweenthe unnamed male doctor, previous entity the Northland District Health Board and its replacement, Health NZ Te Whatu Ora.
The incidents date back to April 2020, when the UK-trained doctor was working at Whangārei Hospital.
Transcripts show his text messages to the junior doctor included: “I’m seriously sick and going to bed. I need someone to look after me” and calling her “naughty thing”.
The senior doctor was also accused of sitting on the junior doctor’s desk and saying, “You’re more fun to text than you are in real life”, making inappropriate remarks after seeing her hug her father and commenting on her “cheeky smile”.
In response to the complaint, the health board launched an investigation and the senior doctor was put on special paid leave, to give him time to seek advice and support.
In a meeting with an investigator in May 2020, the senior doctor admitted he was “close to being cheeky” when texting his junior colleague.
“I thought that this was something perhaps flirty, that you would say in social interactions,” he said.
The doctor also admitted the basis of the other interactions, saying he was trying to be humorous.
The doctor was working at Whangārei Hospital in 2020 when the sexual harassment investigation was launched by the controlling entity at the time, the Northland District Health Board. Photo / NZME
While the doctor raised a personal grievance for unjustifiable disadvantage, the health board’s lawyer proposed a finding of serious misconduct resulting in dismissal.
But two days later, the senior doctor went into hospital care with a serious health matter and the disciplinary process went on hold, while he was put on paid sick leave.
Six months later, the health board started to review the doctor’s fitness for work. Medical reports showed his ability to return to work was unlikely while the disciplinary process was unresolved.
In May 2021, after more than nine months’ sick leave, the man’s employment was ended and he was paid three months’ wages in lieu of notice.
The senior doctor lodged a personal grievance claiming unjustifiable disadvantage, unjustifiable dismissal, a breach of good faith and a breach of his collective agreement.
He then challenged the authority’s determinations, again saying he was treated unfairly in the health board’s investigation.
The senior doctor’s objections included being placed on special leave and the proposed dismissal being out of proportion to the offending.
The Employment Court found the senior doctor’s comments were fairly characterised as sexual harassment and the health board’s investigation was sufficiently independent.
Judge Joanna Holden found the process was fair, even though there was a minor flaw in the process leading to him being placed on paid special leave.
While proportionality would have been an issue if the senior doctor had been dismissed for serious misconduct, she found the health board was justified in ending his employment after more than nine months of ill-health.
She left the door open for Health NZ to seek costs.
Denise Piper is a news reporter for the Northern Advocate, focusing on health and business. She has more than 20 years in journalism and is passionate about covering stories that make a difference.
