Health trust ordered to pay $3000 to ex-employee

A Bay of Islands Maori health trust has been ordered to pay a former worker $3000 in costs for constructive dismissal.

Kawakawa-based Hauora Whanui, an arm of the Ngati Hine Health Trust, was taken to the Employment Relations Service by former worker Pania Sigley.

Ms Sigley, who was co-ordinator of medical services at the Kawakawa Medical Centre, claimed she was unjustifiably disadvantaged in her employment and constructively dismissed.

A constructive dismissal is where a worker resigns because circumstances at work give them no other option.

Ms Sigley's case was heard late last year before authority member Jane Scott, who determined the company had constructively dismissed her and Hauora Whanui was ordered to pay her three months lost pay and $5000 compensation.

However, the authority did not make a ruling on costs and the matter went back before the body last month.

Ms Sigley claimed the case had resulted in costs of $11,805 and she sought almost half of that, $5820 in costs.

Hauora Whanui submitted that the way the case was conducted led to protracted litigation and the calling of unnecessary witnesses. The company said it should be awarded costs of $5000.

Ms Scott determined that Ms Sigley's case was constructed in such a way that unnecessary costs were incurred.

"Nevertheless it was determined that she (Ms Sigley) did have a personal grievance and she has been compensated for that," Ms Scott said in her decision.

She told Hauora Whanui to pay $3000 as a contribution to reasonable costs incurred by her in bringing her claim before the authority."

- NORTHERN ADVOCATE (WHANGAREI)