A recovery support worker who was dismissed after being filmed sleeping during night shifts has been awarded compensation and lost wages, according to a decision by the Employment Relations Authority, as reported by Stuff on 5th February 2026.
Lillian Shorter, 70, who worked night shifts for the Waiheke Island Supported Homes Trust (Wish), was found to have been unjustifiably dismissed. She had worked at the charity’s 24-hour residential care facility for residents with high needs for 18 years, completing three night shifts a week, Erin Johnson of Stuff has reported.
Shorter was dismissed on February 12, 2025, after being recorded sleeping during three shifts between January 23 and 25, 2025. A camera placed on top of lockers in a multi-purpose room captured the footage.
“During those shifts, in addition to some time relaxing watching a device, Ms Shorter appears to sleep 3 hours and 5 minutes the first shift, 1 hour and 50 minutes on the second and 3 hours on the third (in two periods),” the decision said, as quoted by Stuff.
Wish had written to Shorter on February 10 alleging she slept on duty in a premeditated manner, which it considered serious misconduct. Following a disciplinary meeting two days later, she was dismissed with immediate effect.
Shorter challenged the decision, arguing there had been an agreement or understanding that staff could sleep during combined breaks on 12-hour night shifts.
In her ruling, Employment Relations Authority member Nicola Craig said night staff had developed an understanding from a 2021 meeting that sleeping during breaks was permitted.
“They had a legitimate expectation of it even though there is insufficient [sic] to establish a contractual entitlement to sleep,” Craig said. “I conclude that there was an awareness by management that sleeping was going on but although general reminders were given at a staff hui not to sleep, it could be said that a blind eye was being turned to it,” Stuff has quoted.
Craig noted that weekend night shifts had been reduced from 16 hours to 12 hours in September 2024, “at least in part to encourage staff to stay awake and recognising that that was harder on a 16-hour shift,” said Craig.
“Wish was entitled to draw the line and tell staff explicitly, preferably in writing, that it was changing from what could have been seen as turning a blind eye to sleeping, to requiring there was no sleeping, with disciplinary action to be taken if sleeping was observed. But it did not do that,” as quoted by Stuff.
While Craig found that, “by a relatively fine margin”, there was a basis for the video recording, “given the difficulties of properly investigating [the sleeping]”, she determined that Shorter was unjustifiably dismissed, Erin Johnson of Stuff has reported.
Shorter had sought reinstatement, but the authority declined the request after Wish managers indicated they would resign if she returned and described her as “unmanageable”. Craig said she did not “consider it reasonable to order Ms Shorter’s reinstatement”, particularly because of the “extreme nature” of her comments regarding the general manager.
Wish was ordered to pay Shorter $18,750 in compensation, along with six months of lost wages, holiday pay, and KiwiSaver contributions, minus a 25% reduction reflecting her contribution to the situation.
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