Sacking by TVNZ may end in court

Television New Zealand's dismissal of One News executive producer Melanie Jones could lead to action in the Employment Court, an employment law specialist says.

TVNZ's head of news, Bill Ralston, fired Ms Jones on Friday morning in a meeting she has described as brutal and unexpected.

She has said she had weekly meetings with Mr Ralston and the issue of performance was never raised.

Employment law specialist Sandra Moran, of Wellington-based law firm Oakley Moran, said dismissing someone without warning and not in a constructive manner could be a breach of employment law.

"Instant dismissal is normally an issue of serious misconduct - assault in the workplace, theft as a servant, abusive conduct.

"If it's a performance issue, the employer has to let the employee know as soon as that aspect of performance is apparent. They've got to discuss it with them, give reasons why and an opportunity to improve ... unless there was something specific in their employment contract."

Furthermore, Ms Moran said, a "constructive dismissal" - where the employer behaves in a manner that leaves the employee with no choice but to quit - could also give rise to a claim. She said such a case could be costly to TVNZ, but it would depend on a number of factors, including Ms Jones' salary, the terms of her contract, and whether she was treated in a dismissive manner.

But legal recourse is something employers sometimes risk, Ms Moran said. "Even if they know the employee has employee rights [the employer] might think a settlement would be worth bringing that dismissal about."

Mr Ralston has not commented on Ms Jones' departure, but refused to link it to One News' drop in ratings.

A spokeswoman for TVNZ said last night that the company did not discuss individual employment cases or issues. "But we don't take employment issues lightly and we do consider all the issues before taking action," she said.

Ms Jones was not available for comment last night.