University of Canterbury lecturer awarded nearly $200,000 for unfair dismissal

A University of Canterbury (UC) academic with bipolar disorder and “spiritualist beliefs” has won a near $200,000 payout for being put on sick leave and then sacked.

Employment Relations Authority member Helen Doyle found sociologist Anne Scott was unjustifiably disadvantaged by being put on involuntary sick leave in February 2018 and was unjustifiably dismissed for alleged misconduct in May 2019.

Doyle awarded $141,921 for lost wages, $45,000 for being placed on involuntary sick leave, $5400 for receiving a first written warning and $4250 for a final written warning.

Scott was employed by the university as a lecturer in sociology from January 2001 to May 2019. Her speciality was the sociology of health and illness, with a particular focus on mental health and wellbeing. She was given a written warning in September 2018 and a final written warning in February 2019.

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In a hearing, UC argued it had justified ongoing concerns about Scott’s mental wellness, and it followed a fair and full process when addressing concerns about Scott’s conduct and behaviour.

Doyle said the decision to sack Scott on the basis of medical incapacity and a likelihood of relapse was wrong because medical information was available that Scott was not mentally unwell at the time.

That information had removed the basis for any continued sick leave, Doyle said. Scott had stopped taking antipsychotic medication for more than a year but her psychiatrist had not suggested harm had resulted. He had not prescribed further medication.

Evidence before the hearing was Scott was diagnosed with bipolar disorder in 2004. She was hospitalised on six occasions between 2003 and 2004 and on two occasions between 2013 and 2014.

From 2006 to 2013 she functioned well and although her “spiritual experiences” returned in 2013, she thought they were less destabilising. Scott was hospitalised involuntarily in February 2019 after her husband reported she was acting strangely. They later separated.

She remained off work for most of 2018 but was not admitted to hospital during the year.

A psychiatrist reviewed her condition in 2014 and considered her bipolar disorder was in remission. In 2018 he assessed her presenting with a normal mental state, notwithstanding some unusual spiritualist beliefs.

“Of more recent times, Dr Scott did not manifest any abnormal mood or psychotic symptoms and the only remarkable thing was her spiritual beliefs which are consistent with Spiritualist Church and could not be labelled as delusions,” Doyle said.

“I accept that the consequences of the university’s actions have been devastating professionally and socially.”

Scott first lodged a personal grievance in May 2018, alleging she was unjustifiably suspended when she was placed on involuntary sick leave on February 26, 2018, and unjustifiably disadvantaged when she had her IT access removed the next day and then restricted.

The university had failed to listen to Scott’s responses and investigate further when it placed her on sick leave, Doyle said.

“It disadvantaged Dr Scott because she felt unheard and powerless and did not have an opportunity to persuade the university not to take the action it did. She remained outside the workplace for many months.”

On February 18, 2019, Scott was issued with a final written warning after an email to a colleague saying: “Don’t ever imply that I am lazy or irresponsible again, R, I simply will not tolerate it.”

Doyle said a fair and reasonable employer could not, weighing the explanations, conclude that the email and another were such to justify a final written warning.