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A Hamilton rest home owner, involved in a love triangle with two staff, has been ordered to pay more than $5000 for unfairly firing one of them.
The Employment Relations Authority made the ruling in the case of two former friends and colleagues who had both had relationships with Barry Pohio, the owner and director of Armourdene rest home, but later fell out over them.
Helen Heremia had a three-month relationship with Mr Pohio which ended in March 2005. Mr Pohio then had an affair with her friend and colleague Michelle Campbell.
When Ms Heremia discovered Ms Campbell was using her as a alibi for her clandestine meetings with Mr Pohio, she told Ms Campbell's husband about the affair.
"Not surprisingly, the working relationship between Ms Campbell and Ms Heremia deteriorated significantly," said presiding authority member Vicki Campbell.
A number of incidents involving the two women followed over the next few months. They were investigated by Mr Pohio and eventually led to Ms Heremia's dismissal.
They included Ms Heremia refusing to sign an amendment to her employment contract, which Mr Pohia said was simply rectifying an earlier mistake; and an allegation by Mr Pohia that Ms Heremia was instrumental in organising a union meeting which excluded Ms Campbell; and that she refused to sign some policy documents given to her by Ms Campbell.
As a result of a series of written complaints by Ms Campbell about Ms Heremia's "intimidating" behaviour, Mr Pohia called Ms Heremia to a series of disciplinary meetings after which she was dismissed for serious misconduct.
Ms Campbell found that "the entire disciplinary process was dogged by bias and pre-determination" on the part of Mr Pohio and Ms Heremia's dismissal was "wholly deficient".
He did not act fairly in his investigation of the issues, she found.
Ms Heremia was awarded $5000 compensation and $661 in lost wages.
- NZPA
