Receptionist sacked for not 'fitting in' gets $26k payout

Wednesday, 19 July 2017

A 63-year-old medical centre receptionist sacked for allegedly not 'fitting in' has been awarded about $26,500 by the Employment Relations Authority.

Puki Utatao was employed by MaxCare Medical Centre in South Auckland.

Soon after completing her 90 day trial period, Utatao was given two weeks notice of her dismissal.

Utatao's was told in her dismissal letter that her performance: 'Borders serious misconduct and cost our company lost revenue and numerous complaints from patients and staff.'

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Utatao said she was confused about the real reason for her dismissal as MaxCare director Dr Tapu Rairi had told her there was no fault in her work, but that staff, patients and himself did not like her.

When Utatao asked Rairi what the problem was he told her it was 'everything'. When pressed for more detail Rairi allegedly said she 'just didn't fit in' and that she 'didn't have 'the flow''. 

The Employment Relations Authority (ERA) said MaxCare did not respond to its repeated requests for a statement in reply to Utatao's allegations . 

MaxCare also did not appear at the hearing.

But Rairi told Stuff that MaxCare was not given an opportunity to respond and did not receive a reminder.

Rairi said as he was the only practitioner at the medical centre and that he had asked for more time, but the ERA 'just went through with it'.

Rairi said he was not aware of the ERA's determination.

He said he was leaving the case to MaxCare's lawyers to decide whether to appeal. 

Utatao told the ERA that Rairi said her reminders to patients had raised complaints.

The ERA found MaxCare also failed to investigate the customer complaints and did not give Utatao a chance to respond the concerns it raised.

When Utatao asked for a written notice of her dismissal, Rairi allegedly said she was being dismissed under a six month probation period following the 90 day trial.

But, there was no probation clause in her employment agreement, the ERA said. 

The authority also found no evidence that MaxCare sufficiently investigated its concerns with Utatao performance and did not give her an opportunity to provide any explanations.

Utatao told the ERA she was shocked to be dismissed without any warning or discussion, which had left her feeling anxious about making any mistakes in her new job.

The ERA ordered MaxCare to pay Utatao $12,650 in lost remuneration and KiwiSaver contribution, plus $13,000 for distress and about $820 in court costs.