Former SPCA manager loses wrongful redundancy claim

Bob Kerridge, chief executive of SPCA Auckland. Photo / Brett Phibbs

A former SPCA general manager has been awarded $500 by the Employment Relations Authority but has lost three other claims.

David Lloyd-Barker was the SPCA general manager for Auckland and was made redundant last year, months after applying for the role of CEO.

Mr Lloyd-Barker took the SPCA to the ERA where three personal grievance claims were heard last September. He also claimed his redundancy was "a sham".

In a decision released today, ERA member Ken Anderson said Mr Lloyd-Barker had no personal grievance case on the grounds of not being appointed SPCA chief executive.

Evidence from SPCA chairman Gordon Trainer showed Mr Lloyd-Barker did not meet the "essential criteria" for the position and as there was no undertaking by the SPCA that Mr Lloyd-Barker would be appointed as CEO, Mr Anderson found in the SPCA's favour.

Less than a month after being interviewed for the role of CEO, Mr Lloyd-Barker found himself in trouble with his employer.

He had written an email to the board recommending that the then vacant chief executive position remain so while the recession was on.

However, a reporter from the New Zealand Herald called SPCA management and asked why a CEO was being appointed when a wage freeze at the SPCA was on. The reporter also asked what effect an appointment would have on staff and donors.

SPCA management believed Mr Lloyd-Barker had leaked his email to the media and took disciplinary action.

The hearing in September was told that digital forensic testing on Mr Lloyd-Barker's computer later found that he did not send his email to the New Zealand Herald. Mr Anderson found that the written warning was "unfair and unjustified." and awarded Mr Lloyd-Barker $500.

However, Mr Anderson found that a second written warning issued to Mr Lloyd-Barker was justified after Mr Lloyd-Barker sent an angry email to SPCA executive director Bob Kerridge, alleging animal cruelty.

Mr Kerridge responded: "Digging for dirt. I would strongly advise against as it will undoubtedly rebound against you, ten fold".

Mr Lloyd-Barker took the allegations to police. According to evidence from Mr Trainer at the hearing, police saw the allegations as "malicious".

Mr Lloyd-Barker was given a formal written warning and Mr Anderson found that the warning was justified, describing Mr Lloyd-Barker's actions as an "erroneous personal crusade".

"Indeed, given the conduct of Mr Lloyd-Barker, the SPCA acted most fairly and reasonably and possibly with some restraint," Mr Anderson said.

At the hearing in September, Mr Lloyd-Barker alleged his redundancy was "a sham". He said he was made redundant only months after receiving two written warnings.

However, the authority did not agree. Mr Anderson said in his finding that the redundancy and disciplinary action were "two quite distinct and separate courses of action".

Mr Anderson ruled that the SPCA followed correct procedure and it was entitled to make Mr Lloyd-Barker's position redundant.

"I cannot help but conclude that given how Mr Lloyd-Barker had so vigorously set himself against the management of the SPCA, it would most probably have been impossible for him to be absorbed back into any other role with the organisation without further conflict and detriment to all concerned," Mr Anderson said.