A Whakatane woman is to be awarded $13,968 in compensation after she was unjustifiably sacked by her former employer due to confusion over a verbal contract about maternity leave.

Bobbianne Hughes had been employed as a full-time Eastern Bay of Plenty field supervisor by Wildland Consultants Limited when she went on maternity leave and returned in October 2011.

Wildland Consultants provide specialists skills and project implementation around ecology, biodiversity, ecological restoration and re-vegetation.

According to the Employment Relations Authority report released today, Bobbianne's return to work involved an agreement to work less hours, in part time work for two days per week.

'Both parties agreed to the terms, albeit they have a dispute about the duration and terms of the arrangement,” says ERA member Paul Stapp.

'The unwritten variation to the 2006 agreement was not put in writing as required under the terms of the 2006 agreement, but remains enforceable by virtue of the parties' application of the new arrangement.”

The next arrangement occurred around January 2012 upon a review of work programmes and priorities when there was a reduction in funding.

Bobbianne was offered a guaranteed 16 hours a week with the chance for more hours when the work was available.

'Ms Hughes says she asked to return to her full time work during her employment and says that she was available to work five days per week. Wildland says that Ms Hughes accepted that there was less work available in the same time, but that she only discussed being available for an extra day and this was confirmed by Messrs Garrick and Shaw and with an email between them,” says Paul.

'Ms Hughes denies discussing the extra day when she had asked to work five days. She has not been able to prove this was the case. In any event a draft employment agreement was prepared and given to Ms Hughes on March 7, 2012. Ms Hughes did not sign it, but work continued through to September 9, 2012 when there was a drop off of work.”

Bobbianne consulted legal advice and a letter was sent to Wildland raising a number of legal causes of action.

A Wildland's representative requested Bobbianne to respond regarding her availability to work.

'Mr Austin [Bobbianne's legal representation] replied refuting Wildland's position. Mediation followed, and afterwards Wildland considered it had to properly close off its requirements for Ms Hughes's final pay because she was saying that she believed she was still employed.

'Wildland decided to do this because Ms Hughes had not been working and had not replied.”

Bobbianne says she first made aware about her employment being terminated when she received an email dated March 15, 2013, informing her she had been paid her final pay and holiday pay.

Wildland claims Bobbianne didn't return to work despite her being repeatedly informed there was work for her and she made no response to indicate she would agree to new term.

The company considered she had abandoned her employment.

'The employment agreement required any variation of the terms of employment to be put in writing. This did not occur upon Ms Hughes returning from maternity leave, but there was mutual agreement for the change,” says Paul in his report.

'The omission was not intentional. It was an oversight in that both parties were relying on good faith to operate the new terms for hours and two days' work per week. The arrangement evolved with the parties' agreement as Ms Hughes worked fewer hours consistently before she says she sought to have changes made to the arrangement for more work later.”

In his report, Paul found Wildland could not terminate the employment agreement when Bobbianne was still available for work and the parties were trying to negotiate terms.

'Ms Hughes is entitled to lost wages because of her unjustified dismissal and the unilateral decision made by her to agree to the terms offered or otherwise there would be no work.”

Wildland Consultations Limited has been ordered to pay Bobbianne $7749 for lost wages, $619.92 in holiday pay and $5600 compensation for hurt and humiliation.