DHB ordered to pay worker $15,000

A nursing director has been awarded $15,000, after a review disadvantaged her at work. File photo

A nursing director who wrote "capability to get alongside idiots" in a job description to her boss has been awarded $15,000 after a review disadvantaged her at work.

Robyn Henderson was a senior manager at Nelson Marlborough District Health Board between February 2010 and October 2014 and took a claim of unjustified disadvantage and unjustified constructive dismissal to the Employment Relations Authority.

Ms Henderson was required to participate in a performance review with chief executive of the DHB Chris Fleming in August 2014.

Under the field 'what do you consider are the key skills required for your position?' Ms Henderson wrote 'tolerance, vision, a strong nursing identity, capability to get alongside idiots'.

Mr Fleming raised concerns about Ms Henderson's relationship with her co-workers and said a former staffer had made negative comments about her in an exit interview.

He also raised the comment about "idiots" in her response to the key skills questions.

Ms Henderson said she filled in the form late at night and didn't intend on that line being included in the final copy.

The performance appraisal resulted in Ms Henderson being subject to a review, known as a 360 degree feedback review.

Ms Henderson said Mr Fleming told her the review would be when "all the demons came out". Mr Fleming told the ERA that he only referred to the "possibility of demons coming out".

A coach was brought in to train Ms Henderson to change her interpersonal style.

Ms Henderson took time off work and her GP deemed her unfit to return to work because of workplace stress. She then sent a letter to Mr Fleming claiming constructive dismissal.

Member of the authority David Appleton said Ms Henderson had been unfairly disadvantaged by the 360 degree feedback review.

"Ms Henderson was faced with the prospect of up to 80 people giving anonymous feedback about her, knowing that Mr Fleming believed that she was a poor performer in respect of her interpersonal relationships. No fair and reasonable employer could have gone down such a route in all the circumstances," he said in his decision.

Mr Fleming had confused elements of a performance appraisal with elements of a disciplinary process in his dealings with Ms Henderson, Mr Appleton said.

A constructive dismissal had not taken place, Mr Appleton said.

Ms Henderson had suffered a "palpable sense of humiliation" and loss of dignity, Mr Appleton said, and ordered the DHB to pay her $15,000 as reparation.