A healthcare worker who was let go after failing to comply with the Covid-19 vaccine mandate has been awarded more than $43,000.

But the Employment Relations Authority says Andrea Hoyle could have received more had she not sent a 28-page letter to her employer with information from anti-vaccination group Voices for Freedom.

Hoyle was employed by HealthcareNZ Limited (HCNZ) from May 2016 as a full-time recovery facilitator working in a team providing mental health support to older adults based in Tauranga.

The work involved encouraging, mentoring, and supporting service-users to focus on healthy living outcomes and living independently. HCNZ says the role's most critical element was face-to-face interaction.

During the second Covid-19 outbreak in mid-2021, the Government announced existing legislation requiring vaccinations for health workers was to be extended to cover support workers in the health and disability sector.

It required those working directly with vulnerable people to be vaccinated by December 1.

Hoyle says she suffered from health conditions and already had a mask exemption from her manager, Vanessa Kirk.

Hoyle told Kirk she was fearful the vaccination would lead to her death because of a pre-existing medical condition that they had earlier discussed and that her GP supported her. Kirk encouraged Hoyle to seek a medical exemption for the vaccine from her GP.

On November 5, HCNZ circulated information on exemption applications to workers that had formally indicated they would not get vaccinated.

It suggested from November 15, the worker would be stood down until their vaccination status was clarified.

In a meeting between Hoyle and Kirk, Hoyle was told her employment would end on November 15 unless she gained an exemption or was vaccinated. Hoyle indicated the exemption process was unfair, and she had been told she did not qualify despite her GP's support.

An email was then sent to staff saying Hoyle's last day would be November 15, despite her taking action to attempt to get a vaccine exemption after the meeting.

Hoyle had, earlier that day, sent Kirk a 28-page letter contesting the legitimacy of the Government's actions. She says she sought no legal advice, was angry and upset and after researching matters over the weekend, downloaded the generic letter content from anti-vaccination group Voices for Freedom.

'The letter was to say the least, intemperate and significantly discursive,” the authority says.

Hoyle obtained a medical certificate saying she was unfit to work for 16 days, then HCNZ placed her on annual leave for a month until she got an exemption.

On January 26, Hoyle emailed Kirk to advise the exemption sought had been declined.

Whilst contesting that the paid leave provided and imposed holiday was not agreed, Hoyle suggested working from home instead to retain employment, which was declined, and her employment was terminated with the payment of four weeks in lieu of notice.

The Employment Relations Authority found Hoyle was unjustifiably dismissed.

'I stress this was a close call as I do recognise the immensely difficult pressure placed upon HCNZ by the Government's vaccine mandate.”

The authority found Hoyle contributed to the circumstances giving rise to her personal grievance so reduced the compensatory amount by 10 per cent.

HCNZ was ordered to pay Hoyle $18,000 in compensation and $25,920 gross lost remuneration.

- Brianna Mcilraith/Stuff.