Court Rules Doctor Fairly Sacked for Sending Flirty Texts to Junior Colleague

A senior doctor in New Zealand was found to have been treated fairly when he was dismissed from his position at Whangārei Hospital after sending inappropriate and flirtatious messages to a junior doctor. The Employment Court ruled that the doctor's behavior met the threshold for sexual harassment and that the disciplinary process was just and proportionate.

The incident dates back to April 2020, when the UK-trained doctor was working at Whangārei Hospital. A resident medical officer, whom the senior doctor was responsible for supervising, raised a complaint about the nature of their text exchanges and in-person interactions. The messages included phrases such as, “I’m seriously sick and going to bed. I need someone to look after me” and “You’re a naughty thing.”

During an investigation, the senior doctor admitted to being “close to being cheeky” in his communication with the junior doctor. He claimed the messages were meant to be flirty and humorous, typical of social interactions. However, the investigator concluded that the behavior was offensive and unacceptable, constituting sexual harassment.

Following the complaint, the doctor was placed on special paid leave to seek advice and support. However, two days later, he was hospitalized due to a serious health issue, and the disciplinary process was put on hold. He remained on paid sick leave for over nine months before his employment was terminated in May 2021. He was paid three months’ wages in lieu of notice.

The doctor filed a personal grievance, claiming he was unjustifiably disadvantaged and dismissed, and that his rights under the collective agreement were breached. The Employment Relations Authority initially ruled in favor of the health board, stating no breaches had occurred and ordering the doctor to pay $18,000 in costs. The doctor then appealed to the Employment Court.

Judge Joanna Holden found that the health board’s investigation was sufficiently independent and that the process was fair, despite a minor procedural flaw. She noted that the doctor’s comments were appropriately characterized as sexual harassment and that the health board was justified in ending his employment after more than nine months of ill health. The court also left the door open for the health board to seek further costs.

This case highlights the importance of maintaining professional boundaries in the workplace, particularly in high-stress environments like healthcare. While humor and light-hearted communication are common in many professions, it is crucial to ensure that such interactions do not cross into inappropriate or harassing territory.

The ruling underscores the legal and ethical responsibilities of employers to address and resolve complaints of harassment promptly and fairly. It also serves as a reminder to professionals in all fields to be mindful of their conduct and the potential consequences of inappropriate behavior.