Compensation for sacked swearer

The dismissal of a Corrections Department staffer overheard swearing at an offender working without safety gear up a 3m fence was unfair, the Employment Relations Authority has ruled.

Vicky Brown-Fitikefu was working as community work supervisor in January 2005 when a complaint was received from staff at the Waitakere Animal Welfare Centre where she had been supervising a group of offenders.

Centre manager Vicki Whittaker said Mrs Brown-Fitikefu was overheard swearing on the worksite within the hearing of visitors, including children, and breaching safety procedures.

Mrs Brown-Fitikefu was suspended then dismissed on three grounds of serious misconduct - she had sworn at offenders, threatened one, and had not told him to get down from the fence.

In her ruling, authority member Dzintra King said that while it was clear Mrs Brown-Fitikefu had sworn at the offender, his evidence was that he had taken it as a joke.

Ms King awarded $5000 in compensation, but said as the 15-year veteran contributed to her dismissal, she had to contribute 50 per cent to the grievance case, and the compensation had to be adjusted accordingly.

- NZPA