'Bullying' ex-nun loses dismissal claim against church

A former nun accused of bullying and intimidating a colleague has lost a claim that she was "constructively dismissed" by her Catholic superiors.

Koleti Samu resigned from her job as a case instructor at the church's National Tribunal office in Wellington last year after a confrontation lasting "several minutes" with superior Christine Bright.

Ms Bright made a formal complaint about Ms Samu following the row on September 9, saying she felt bullied, unsafe and intimidated by the closeness of a working relationship between Ms Samu and a Catholic father.

Ms Samu resigned after an internal inquiry which upheld the complaint.

But weeks after resigning, she claimed she was unfairly treated and complained to the Employment Relations Authority, alleging constructive dismissal.

Ms Samu had worked at the National Tribunal for several years after serving as a nun, dealing with church issues with legal ramifications.

The tension with Ms Bright followed a restructure and number of partial redundancies by Archbishop John Dew because there was not enough work to go round.

On September 23, Ms Samu was given a letter saying her behaviour appeared "sufficiently serious to warrant her dismissal and had breached the trust and confidence that is needed to justify continued employment".

It concluded: "You should be aware that because of the serious nature of the matter raised, that disciplinary action may be taken against you. This may include a possible outcome that your employment may be terminated."

At a disciplinary meeting held the next day, Ms Samu admitted the investigator's findings were "basically correct".

She conferred with a "support person" in a break and decided to resign, telling the archbishop shortly after.

On October 2 Ms Samu gave her notice but some weeks later went to the ERA, seeking her job back and partial redundancy payment.

In his determination authority member Greg Wood found no "breach of duty by the Catholic Church that caused Ms Samu to resign".

He said the legal test for constructive dismissal was often whether the dismissal was initiated by the employer or the employee, but resignation during a disciplinary meeting did not necessarily constitute that.

The end of her employment with the church came "from her own election to resign, rather than face the possibility of dismissal ..."