SPCA manager's compensation bid fails

An SPCA animal shelter manager who wept at his desk amid growing workplace tension has failed in his bid to get compensation for constructive dismissal.

John Chesney Esdaile was general manager at SPCA's Tauranga branch for 18 months until he resigned on March 16 last year following a tense board meeting in which he read out a letter of grievances more than a dozen pages long.

In a claim lodged with the Employment Relations Authority (ERA), Mr Esdaile said the SPCA had failed in its duty as an employer, leading to his resignation. He sought compensation and reimbursement of lost wages.

Mr Esdaile said he first sensed "something was wrong'' in January last year but was assured everything was alright.

However, staff subsequently contacted SPCA committee chairman Edward Goodwin to arrange an informal meeting in early February to share their concerns.

They said employees felt like they could not go to Mr Esdaile directly; one had considered leaving because they felt bullied; another had been brought to tears in front of other staff; a third waited for others to arrive at work before going inside.

Other issues included a ban on staff wearing shorts; procedures being changed or not followed properly; and staff files being taken off the premises.

The committee decided a letter was the best way to approach Mr Esdaile because, according to legal advisor Jane Watchorn, he could not handle criticism and would "blow his stack''.

The letter was given to Mr Esdaile at an informal meeting with committee member Anita Timms, who told the ERA he took the letter as "an affront'' and demanded to know who had said what, and when.

She tried to explain the committee fully supported Mr Esdaile and believed he was a good manager, and said she was "quite shocked and saddened'' by his response.

Mr Esdaile said he felt the letter was "full of thinly veiled innuendos and insinuations'' and he felt betrayed by the committee.

"It simply didn't make sense to me and my trust in everyone had been completely destroyed ... I was in total shock that these people, these friends had without a word of thought for me stabbed me in the back,'' he said.

Mr Esdaile returned to work but started to have "heart palpitations'' and broke down in tears at his desk.

He met with staff to ask them why they had not come forward, before calling them "gutless bastards'' and leaving the workplace. He subsequently went on stress leave.

Mr Esdaile continued to communicate with Ms Timms and the committee, but later handed in his letter of resignation on March 16 after reading out a long letter of "conciliation and confrontation''.

The committee declined to accept his resignation and arranged another meeting with Mr Esdaile, but he cancelled and instead raised a personal grievance.

His claim to the ERA was that the SPCA breached its duty, resulting in his resignation, by withholding information about the meeting at which allegations were made; by failing to provide him with any specific allegations; and by failing to engage in any attempt to resolve his concerns at the March 16 meeting.

Authority member Kenneth Anderson said the committee had not withheld information from Mr Esdaile, the SPCA did not have any disciplinary issues with him, and resolution at the meeting was unlikely because he had gone into it with his resignation already prepared.

Mr Anderson found the committee could have better managed the overall circumstances, but the SPCA did not breach its duty to the point of constructive dismissal.

Costs were reserved.

 

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