Employer ordered to pay a total of $80,000
A racing events manager who was fired for allegedly misusing the company's resources has won compensation worth $80,000 for unjustified dismissal.
The Employment Relations Authority (ERA) ruled that the investigation against Georgette Moyle when she was a manager for event services at the New Zealand Thoroughbred Racing Incorporated (NZTR) was inadequate.
Moyle was being accused of inappropriately using the NZTR's resources or funds totalling approximately $12,000.
She was also accused of behaving badly or making inappropriate comments in events between October and November 2021.
The accusation was made through a formal complaint filed from Joyce Payne, a co-worker of Moyle, according to facts submitted to the ERA.
Moyle, who addressed the allegations in a meeting, disputed the accusations of her alleged inappropriate behaviour and defended that some of the funds she reportedly misused were legitimately signed off by her manager.
The other occurrences were a result of Moyle using the wrong card, which her manager said she later repaid.
Moyle, who told the ERA that the meeting felt "confrontational," also questioned why Payne compiled an Excel spreadsheet over her alleged misused funds despite it not being her responsibility.
Further alleged misuse of assets
Further accusations later emerged against Moyle, including allegedly using a company vehicle to take her personal belongings from Wellington to Wanaka.
She also allegedly purchased a lawnmower using NZTR's credit card in September, which she didn't repay until November.
Moyle also allegedly made several purchases in August 2021 that appeared for her own use, and she also reportedly made a staff put up and later take down an NZTR marquee for a non-NZTR event in October, and made her employer pay for the staff's services.
The manager wrote a written response against the allegations and met with her employer in several meetings to discuss the situation.
But the NZTR, however, dismissed Moyle in January 2022 and defended at the ERA that it was for her misuse of company resources and assets, adding that her alleged treatment of staff "carried some weight" but was not the reason for the termination.
'Dismissal is unjustified'
The ERA ruled in favour of Moyle and said she was unjustifiably dismissed, citing the "inconsistencies with the documentation" which cast doubt on the reason the manager was dismissed.
The authority also pointed out the lack of "meaningful investigation" on the NZTR's end over the allegations against Moyle, noting the evidence that Payne was never spoken to nor interviewed despite the formal complaint coming from her.
"Similarly, this lack of investigation and follow up meant that other inconsistencies in the allegation were not pursued," the ERA said. "Even when follow up occurred and others were spoken to there is no evidence of formal interviews and proper records and some of the information gleaned was never put to Ms Moyle."
The ERA also said there was "considerable evidence" that NZTR was not open to listening to Moyle's defence and investigating them further.
"Given the above I must conclude there are sufficient inadequacies in the investigation, and indications its outcome was a fait accomplice, for me to conclude the decision based on it was not one a fair and reasonable employer could reach. The dismissal is unjustified," the ERA ruled.
It then ordered the NZTR to pay Moyle $55,368.23 for lost wages and $25,000 as compensation for humiliation, loss of dignity, and injury to feelings.
