The Employment Relations Authority has found "serious procedural unfairness'', and directed a payout to an unjustifiably dismissed rest home worker who felt treated "like a criminal''.
Tania Miller started working as a permanent caregiver at the Kimberley Rest Home in Palmerston, north of Dunedin, from June 25, 2015.
However, after a night shift in April 2017, her job suddenly ended, and she was later advised, initially by text message, not to return to work.
She took her case to the Employment Relations Authority.
The Authority decision said Ms Miller had returned home in Karitane when she received a call from the company's director, Jagan Goud.
He asked that she return to work, for what was described as "disciplinary action''.
Ms Miller said that after telling Mr Goud she was tired after her night shift, he yelled at her and she hung up and went to bed.
She later received a text from the rest home's facility manager, telling her not to come into work from today onward. A letter explaining the situation would be sent to her.
She said the text she received on April 6 made her feel she had been treated "like a criminal'' and she had no right or chance to answer the allegations.
She received a letter confirming her dismissal several days later.
Mr Goud argued the matter was concluded with a full and final settlement, but Ms Miller did not agree.
Ms Miller sought reimbursement for lost wages up until June 26, when she secured another job, and $15,000 in compensation for hurt, humiliation and loss.
The company alleged Ms Miller had bullied and harassed a staff member, causing them to get upset.
Ms Miller asserted she had told the worker to go home and get some rest, but agreed she told the worker to 'shut up' and stop interrupting her during a handover.
The decision found Ms Miller was not given a clear account of the allegations.
Employment Relations Authority member Helen Doyle said the evidence from Ms Miller about the impact of the dismissal was "quite compelling''.
"She said that she loved her role at Kimberley and had worked there for many years.
"She said that she was proud of her work as a caregiver and that she had always been regarded as honest, hardworking, helpful and enthusiastic.''
The authority found there was "serious procedural unfairness'' in that Ms Miller was not heard as part of the investigation process, not provided with a clear account of the allegations, and not provided with the letter of complaint and statements from other employees.
"I have found that the procedural unfairness overlaps to such a degree that a fair and reasonable employer could not have concluded serious misconduct on the part of Ms Miller.''
The authority found "on the balance of probabilities'' that Mr Goud did become angry during the phone call of April 6, "but Ms Miller simply hanging up the phone with no clear pathway forward was not constructive and I find some limited contribution on that basis.''
Accordingly the authority found that remedies for lost wages and compensation should be reduced by 15%.
The authority found Ms Miller was unjustifiably dismissed and ordered her former employer, Kiwi Elderly Care Limited, to pay the sum of $3993.30 in lost wages and $12,750 in compensation.
