6 Nov 2013

Former manager takes university to court

6:08 pm on 6 November 2013

A former University of Otago marketing manager says the institution made sure it was impossible for her to return.

The Employment Relations Authority has been hearing a claim from Kerry Kirkland more than $270,000 in compensation for unjustified dismissal. This includes a year's salary of $90,313, plus $180,000 in compensation for loss of dignity and legal costs.

Dr Kirkland worked for the university for 18 months as head of marketing services, but went on stress leave earlier this year and was formally dismissed in August.

In a second day of evidence on Wednesday, Dr Kirkland's lawyer Len Anderson argued that the university set out to get rid of her by requiring a medical certificate showing she was well and able to return to the existing work environment.

Mr Anderson said the university knew that was impossible because of Dr Kirkland's grievance that her divisional head Virginia Nicholls had raised concerns that she had been rude to other staff, yet refused to detail those complaints or investigate them.

Mr Anderson said the university made no attempt to change the hostile, bullying environment Dr Kirkland could not work in.

But the university responded by saying that 30 staff worked in that division without problem, and the only barrier to Dr Kirkland returning was her perception.

Ms Nicholls told the hearing that she tried to resolve the situation in face-to-face meetings, but it would have been wrong to escalate the complaints by putting them in writing.

The authority also heard evidence from two other former staff who say they had experienced or seen Ms Nicholls bullying them or other staff.

A decision is expected before Christmas.