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Elevate Magazine
October 16, 2024

Midwife Cries Unjust Dismissal and Poor Incident Management by Healthcare Employer

midwife cries unjust dismissal and poor incident management by healthcare employer

A midwife who was employed part-time at a healthcare organisation’s maternity unit claimed unjustified dismissal and disadvantage in employment. The midwife argued that their employer had improperly managed a workplace incident, neglected to adhere to appropriate investigative protocols, and ultimately terminated them without just cause.

The incident occurred on August 22, 2022, during a patient transfer. The employer alleged that the employee declined to organise an incubator and ambulance when requested by another midwife, asserting that it was not her duty. However, the employer failed to promptly communicate these issues to the employee.

On September 13, 2022, a clinical midwife manager casually enquired with the employee about the incident.

According to the employee, the other midwife whom she had a conflict with had been aggressive and overly demanding. This informal discussion later emerged as a key element in the disciplinary proceedings.

The employer did not formally address the issue until November 28, 2022, more than three months after the incident.

The initial focus of the investigation was on the employee’s responsibilities during the transfer, but as the investigation progressed, the allegations evolved to question whether the employee had intentionally misled her employer regarding her interactions with another midwife. 

The employer placed significant emphasis on an audio recording of the incident that occurred on August 22, believing it contradicted the employee’s version of events. 

The Employment Relations Authority (ERA) determined that the delay in investigation and change in focus are problematic. ERA also said that the employer had attributed excessive importance to this recording while neglecting to take other factors into account.

The employee was terminated on June 22, 2023, with the employer stating a breakdown of trust and confidence as the reason. The dismissal letter referenced the employee’s unwillingness to collaborate with another midwife, which was communicated during a team meeting on May 11, 2023. However, this issue had not been addressed with the employee prior to the termination.

The ERA emphasised that the dismissal involved significant procedural shortcomings under sections 103A(3)(b) and (c) of the Act, as there were concerns that had not been communicated to the employee but were nonetheless used as a basis for her dismissal.

“The employer also failed to appropriately consider the relevant background and the employee’s perceptions of the incident, instead relying on what was a partial audio recording. While I accept a fair and reasonable employer could have used the audio recording, I find that an unreasonable approach was taken in relying on the recording as a single course of truth without considering that the employee’s comments may have been coloured by her past experiences and her impression of the exchange,” ERA added. 

The ERA deemed the dismissal to be procedurally and substantively unjustified and had ordered the employee to be restored to her former position. The employer was also required to provide payments for KiwiSaver contributions, back pay for applicable increases, retirement benefits, and any accumulated sick leave entitlements that the employee would have earned had she remained in her position.

In addition to the reinstated position, payments, and other benefits, the employee was awarded compensation for lost wages ($58,938.39), humiliation, loss of dignity, and harm to feelings ($28,500). 

ERA’s ruling serves as a cautionary tale for employers regarding their responsibilities during disciplinary actions. Employers must ensure that any suspension or termination is justified, communicated clearly, and conducted in a timely manner to uphold the principles of fairness and due process. Failure to do so can result in legal consequences and damage to workplace morale.