RULING: The Employment Relations Authority found Waiariki Institute of Technology was not justified in sacking two managers for alleged serious misconduct.
The former director of nursing at Waiariki Institute of Technology is fighting to get her job back, despite the Employment Relations Authority ruling she should not be reinstated.
Helen Manoharan has been awarded $10,500 compensation for unjustified dismissal after being sacked, amid allegations she filed dishonest expense claims.
Former Waiariki Institute of Technology chief executive Pim Borren has also been ordered to pay $6000 for obstructing the dispute settlement process by instructing staff not to help Ms Manoharan while it investigated the allegations.
Ms Manoharan's lawyer, Catherine Stewart, told The Daily Post yesterday Ms Manoharan had filed a challenge in the Employment Court to the authority's decision concerning her contribution to the personal grievance and the remedies awarded.
Although the authority declined to award reinstatement, Ms Manoharan is challenging this with the Employment Court and is seeking reinstatement to her former position as director of the School of Nursing and Health Studies.
She is not prepared to comment further because the matter is now before the Employment Court.
Waiariki human resources director Richard Bird said yesterday the institute had not been notified about the appeal and would continue to advertise Ms Manoharan's position.
He said the institute had delayed appointing a new director for a "considerable length of time" and they had to move forward.
"The nursing school is our biggest school and is a $10 million operation. While it is running well, we do not have a director at its helm and we will progress with the recruitment."
He hoped to have a replacement by the start of next year.
Ms Manoharan was dismissed in June after questions were raised over six expense claims she signed off. They were filled out by nursing school operations manager Ann Robinson but related to expenses Ms Manoharan incurred on behalf of the school.
That meant Ms Manoharan was signing off her own expenses without authorisation, contrary to the institute's procedures.
She was put on formal notice in May after the institute began investigating three claims totalling $581.41.
At a disciplinary meeting with Dr Borren the following month, Ms Manoharan said it had been a mistake and the claims were a one-off. Following that, three earlier expenses alleged to have been dishonestly signed off by Ms Manoharan, including a claim for $636, came to light. Dr Borren dismissed both Ms Manoharan and Ms Robinson for serious misconduct on January 15.
The Employment Relations Authority found in October both women should have known correct procedures as senior managers. However, it found their dismissals were unjustified because Dr Borren acted "unfairly and unreasonably" by holding a disciplinary meeting while inquiries were ongoing. He also failed to ask the women to give an explanation for his conclusion they had acted together.
The authority also found Dr Borren delayed or obstructed the disciplinary process by instructing other staff in an email not to help Ms Manoharan.
It ordered both women be compensated.
Ms Robinson's compensation claim was settled in mediation with the institute, but mediation with Ms Manoharan failed and the matter was referred back to the authority.
In a finding released on Friday last week, the authority ordered Dr Borren pay Ms Manoharan $3000 compensation and $7500 in damages.
It also ordered him to pay $6000 for obstructing the disciplinary process.
Meanwhile, Mr Bird said Waiariki was considering appealing the authority's first ruling.
"There is a possibility we might appeal the decision about the dismissals being unjustified but we are still considering it. We are keen to move on. It has not been an easy time and these things are always messy and unpleasant."