ERA says there was 'fundamental lack of fairness' in handling of vet's case despite allegations of negligence
A dismissed veterinarian has won over $35,000 after the Employment Relations Authority (ERA) ruled that he was unjustifiably dismissed by his employer.
The ERA concluded that there was a "fundamental lack of fairness" in the way Tauranga Veterinary Services Limited (TVSL) handled the termination of Tony Austwick in April 2022.
Austwick, who worked for TVSL for 12 years, was dismissed following three separate incidents in a span of three months, each involving allegations of negligence and failure to meet the practice's expectations.
The first incident was in December 2021, when a client complained about the treatment of their cat, whose limp had been misdiagnosed, leading to a rare condition being overlooked.
The second incident in January 2022 involved a pet cow's euthanasia, where Austwick administered a lethal dose of barbiturates but resorted to suffocating the animal when it did not pass as expected.
And when that also didn't work, a "neighbour who had a gun was called to assist."
The third incident occurred in February 2022, when a diabetic dog, previously seen by Austwick for unrelated surgery, was not diagnosed with diabetes, leading to the dog's death after euthanasia was decided by the owner.
The incidents prompted the organisation to dismiss Austwick, citing that his actions amounted "to gross negligence and (in relation to the cow only) serious misconduct."
But the ERA sided with Austwick in the case and ruled that his dismissal was unjustified.
The ERA found that while TVSL's concerns about the incidents were legitimate, the dismissal was unjustified due to a lack of procedural fairness.
"TVSL did not properly raise the concerns it had with Mr Austwick," the authority ruled. "Mr. Austwick was never comprehensively put on notice of TVSL's concerns, or of how seriously it took matters."
It further noted that Austwick was only told that his actions would likely result in a performance improvement plan.
"As well as being untrue, it is hard to see how this meets the employer's obligations of good faith, to be responsive, communicative, and to give Mr. Austwick access to relevant information in a timely way," the ERA said.
The authority also pointed out that there had been "very little serious consideration" of Austwick's length of service and "otherwise positive yearly performance reviews" when the company concluded that there was a "continued pattern" of "gross negligence."
"Taking all these matters into consideration, my view is that TVSL's actions did not meet the test of justification, and Mr Austwick has a personal grievance for unjustified dismissal."
The ERA awarded Austwick $8,238.47 as compensation for lost remuneration and $27,000 as compensation for hurt and humiliation.
