Employment Win: 70-Year-Old Fired for Sleeping on Night Shift Awarded Over $18,000 in Compensation

By Diyatha News New Zealand (Lions Roar Aotearoa) Justice & Employment Desk

WAIHEKE ISLAND, AUCKLAND — Friday, February 6, 2026 — A long-serving recovery support worker has won a significant legal victory after the Employment Relations Authority (ERA) ruled she was unjustifiably dismissed for sleeping during her night shifts.

Lillian Shorter, 70, who had dedicated 18 years of service to the Waiheke Island Supported Homes Trust (Wish), has been awarded six months’ lost wages and $18,750 in compensation, despite being caught on camera sleeping for up to three hours at a time.

1. The Case: “Turning a Blind Eye”

The dispute centered on three night shifts in January 2025, where Shorter was secretly recorded by a camera placed atop lockers in a staff room. The recordings showed her sleeping for various durations—between one hour and 50 minutes and over three hours—while on duty at the 24-hour residential care facility.

The Dismissal: Wish fired Shorter on February 12, 2025, labeling her actions “premeditated serious misconduct.”
Shorter’s Defense: She argued there was a long-standing “understanding” or “legitimate expectation” that night staff could sleep during their combined breaks on the grueling 12-hour shifts.

2. The ERA Decision: A Lack of Clarity

ERA member Nicola Craig found that while Wish was entitled to set a “no sleeping” rule, they had failed to communicate it clearly after years of lax enforcement.

Legitimate Expectation: The authority found that management had essentially “turned a blind eye” to sleeping in the past.
The Error: Craig ruled that if Wish wanted to change the culture from one of leniency to strict discipline, they should have notified staff explicitly and in writing. Because they did not, the summary dismissal was found to be legally flawed.

3. Why She Wasn’t Reinstated

While Shorter won her claim for unjustified dismissal, the ERA declined her request to get her job back.

Toxic Environment: The decision revealed that Wish managers threatened to resign if Shorter was reinstated, describing her as “unmanageable.”
Extreme Comments: The ERA also noted “extreme” comments made by Shorter regarding the General Manager, which made a return to the workplace untenable.

4. The Financial Award

The final payout was calculated with a 25% reduction because the ERA determined Shorter did contribute to the situation by sleeping while on duty.

Compensation: $18,750 for humiliation and loss of dignity.
Lost Wages: Six months of pay, plus holiday pay and KiwiSaver contributions.