Fairfax ordered to reinstate photographer

The Employment Relations Authority has ordered Fairfax New Zealand to reinstate a photographer sacked from an Auckland community newspaper and pay her compensation.

Authority member Dzintra King, in a decision released today, found that Marcia Jessen's dismissal from the Manukau Courier had been unjustified.

Editor-in-chief David Kemeys had issued Jessen with a first written warning in March 2007 after she had made "pointed remarks" and "inappropriate comments" to a colleague. In November he told her she would be transferring four days later from Manukau to the Western Leader, as part of a rotation of photographers.

"Ms Jessen was understandably shocked and upset by this notification, especially the short notice period," Ms King said.

Jessen was dismissed in December, with Fairfax saying - among other things - she had made derogatory remarks about the editor of the Western Leader and its staff, her conduct to staff at the Courier was at times rude and unhelpful - undermining relationships and impacting negatively on the work environment and business - and she had undermined the company through inappropriate communications.

However, Ms King said Jessen's actions did not deeply impair or destroy the basic trust and confidence essential to an employment relationship.

"The dismissal was unjustified," Ms King said.

Jessen said she was willing to make a fresh start and recognised how she could "improve and learn as a colleague", and Ms King said she was to be reinstated in her former position or a position "no less advantageous to her".

Fairfax was ordered to pay more than $14,400 in lost earnings and $4000 compensation for "hurt and humiliation", with those remedies to be reduced by 20 percent because of Jessen's behaviour towards colleagues.

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