ERA awards close to $25k to sacked medical centre receptionist who was told she 'didn't fit in'

The ERA ruled the October 2016 dismissal of receptionist Fakatagi Utatao from a South Auckland medical centre had been unjustified. Photo / File

A receptionist who says she was dismissed from her job at a South Auckland medical centre because she "didn't fit in" has been awarded close to $25,000 by the Employment Relations Authority.

However, the director of Maxcare Medical Centre in Otahuhu, Dr Poanere Tapukura Rairi, said the authority didn't have a chance to hear his side of the story and indicated he would be appealing the decision.

Fakatagi Utatao, in her 60s, worked at the reception of the centre between July and October 2016.

Utatao says that Rairi asked her into his office one afternoon and was told that she didn't fit in at the clinic and there had been complaints about her.

When she asked what the problem was, Rairi allegedly replied "everything".

Utatao says when she pushed for more detail, Rairi allegedly said that she "didn't fit in" and that she "didn't have the 'flow'".

She says Rairi wanted her to finish that November and would give her two weeks' notice.
Utatao says that in the following days Rairi told he she had a six month probation period in her contract, which she disputed.

Rairi allegedly told her that six-month probation "is law".

While Utatao wanted to work out the four weeks notice period in her contract, she says Rairi wouldn't let this happen.

Utatao went to the Employment Relations Authority (ERA) claiming her dismissal was unjustified and sought compensation for lost pay and distress.

Maxcare or Rairi did not attend the authority's investigating meeting, although ERA member Rachel Larmer said the centre was given notice it was happening.

Larmer, in her decision, found that Utatao's dismissal was unjustified.

"There was no evidence that MaxCare sufficiently investigated its concerns about Ms Utatao," Larmer said.

"I consider that the manner in which Dr Rairi raised his concerns with Ms Utatao on 20 October 2016 by telling her she did not fit in did not sufficiently raise the material concerns with her. It therefore follows that Ms Utatao was not given a reasonable opportunity to respond to MaxCare's specific concerns before she was dismissed. Because she had no opportunity to respond, MaxCare did not take into account any explanations she could have provided in relation to the concerns that MaxCare had about her ongoing employment."

Utatao was awarded $12,283 for lost remuneration and $368 of Kiwisaver employer contributions.

Utatao said that losing her job at 63 caused her a lot of stress and worry.

"Ms Utatao had never been dismissed before. Ms Utatao says that her dismissal now makes her feel anxious and worried about making mistakes in her new job," Larmer said.

"She described feeling frightened at work now just in case she accidentally does something wrong without knowing it. Ms Utatao gave evidence about the shock, hurt, distress and injury to feelings she suffered as a result of her unexpected and unjustified dismissal. She told the Authority that she has not been herself since this happened and still doesn't feel like she is back to normal yet ... Ms Utatao says she found it very shameful to be dismissed when she was not even sure what she had done wrong," Larmer said.

Larmer awarded Utatao $13,000 for distress.

Rairi disputes Utatao's account and said she was dismissed for reasons set out in a letter, which stated her performance bordered "serious misconduct and cost our company lost revenue and numerous complaints from patients and staff."