Warriors bidder Paul Davys’ nanny who he fired over text has been awarded about $15,000 for an unjustified dismissal.
Kelly Randall worked as Davys’ personal nanny and housekeeper after she saw an advertisement on TradeMe for a position working for: “a busy business man”.
Randall took two days off to care for her son, who had undergone surgery, and when she returned she was told she was no longer needed, via text.
“Kelly, time to move on. I’m giving you two weeks’ notice to find another job,” Davys’ text said.
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Davys is a director of franchise operation ChoiceKids and asked Randall to give her bank account details to the co-director and HR manager for Choicekids Peter Brown.
Her duties included a list of maintenance tasks on Davys’ house was well as shopping and normal housekeeping duties, and looking after his dogs.
In March, Randall contacted Brown to request a payslip to confirm her income to the bank in relation to a loan application.
Brown told her that she was being paid in cash and she did not receive payslips.
Randall said Brown’s response shocked her and she was going to speak to Davys about this. But before she could her son had been taken into hospital.
She took two days off work because her son had to undergo surgery and notified Davys about this.
When she returned to work and asked Davys for her pay he replied by dismissing her.
Randall was never given an employment agreement because Davys said she was on a contract position and not an employee.
The Employment Relations Authority (ERA) said in its decision that being an experienced businessman it was surprising Davys did not provide Randall with documentation.
Davys said he had raised concerns about her standard of work. But he had there had been no attempts to have a formal performance management discussion.
The authority found no evidence that Randall was in business on her own account, concluding that she was an employee.
Davys has been ordered to pay Randall 11 weeks of wages $6,875; $300 in holiday pay; $8,000 for humiliation, loss of dignity and injury to feelings.