KEY POINTS:
An Auckland veterinary nurse has been awarded almost $23,000 from her former employer after learning of her dismissal only when she found the locks to her clinic had been changed.
When veterinary nurse Kim MacDonald arrived for work at the Grey Lynn Veterinary Clinic last August 6, she found a client waiting to have a cat euthanised but was unable to gain access to the clinic.
She sent a text message to her boss, Tracy Gifkins, and twice phoned her on her mobile numbers. Ms Gifkins answered the first call, but cut Ms MacDonald off when she identified herself.
At an Employment Relations Authority (ERA) hearing, Ms MacDonald told of a meeting with Ms Gifkins four days earlier where she'd raised a number of concerns about her employment.
She was unhappy about extra working hours required of her on evenings and Saturdays and concerned about the stress of dealing with clients who were dissatisfied when Ms Gifkins cancelled appointments, was late for consultations or unable to be contacted by telephone.
Ms MacDonald asked for a pay rise to recognise her high workload and level of responsibility and was told she should "hang on" until a new nurse started in a few weeks.
Ms Gifkins also told Ms MacDonald her pay would be reviewed in a formal salary review. Ms Gifkins said arrangements already made to pay air fares and expenses for Ms MacDonald to attend a veterinary conference in Sydney should be taken as recompense for extra hours and working alone in the clinic.
Ms MacDonald told the ERA she was unhappy with the response but continued working at the clinic until 7pm.
After arriving home she sent Ms Gifkins a message saying she'd contracted the flu some days earlier and wouldn't be at work the following day.
About 9.30am the next day Ms Gifkins rang Ms MacDonald to ask if she was coming in. The pair then briefly revisited their conversation about hours of work, with Ms Gifkins saying: "So we have hit a wall then."
After saying she wanted to remain friends with Ms MacDonald, Ms Gifkins said: "We need to part ways."
The conversation ended with Ms Gifkins saying she had a client and hanging up.
Ms MacDonald said she'd thought from the conversation that she had probably been dismissed, but wasn't completely certain.
She then emailed Ms Gifkins asking her to clarify her employment status.
After receiving no reply by Monday August 6, she decided to go to work "just in case".
ERA member Robin Arthur noted that neither Ms Gifkins nor Grey Lynn Veterinary Clinic Ltd attended an investigation meeting on February 8 and would not agree to a date after being directed to mediation.
"I find that this dismissal was unjustified because it was not what a fair and reasonable employer would do in all the circumstances at the time," Mr Arthur said.
He found Ms MacDonald suffered humiliation as a result of her "abrupt unjustified dismissal" and that it was compounded by Ms Gifkins' "petty behaviour" in not returning all of Ms MacDonald's personal property.
Mr Arthur ordered Ms Gifkins to pay Ms MacDonald $10,640 in lost pay, $3137 holiday pay, $8000 for humilation and loss of dignity and $1000 for losing the "benefit of attending the Australian conference".
He also ordered her to return Ms MacDonald's personal property within 14 days of his February 22 determination or pay a further $2000 in compensation.
- NZPA
