Employment Relations Authority

Dotcom pinged for ripping off his staff

Get used to Orange fatty

When I first heard about this case I was shocked, I actually called a unionist called Matt McCarten to see if he would help them out.

He refused. Little did I know the reason why he refused to help these poor workers dudded by Kim Dotcom…because he was donkey deep involved in planning Dirty Politics at the time. Hindsight is a wonderful thing.

Now the Employment Relations Authority has found that Dotcom did rip off his workers.

Kim Dotcom has been ordered to pay more than $33,000 in lost wages and compensation?to former staff.

A ruling released by the Employment Relations Authority on Monday has upheld complaints from two of the internet mogul’s former employees that they were unfairly dismissed. ? Read more »

A liar and a bludger

Some people really take diabolical liberties.

This liar and bludgers really takes the cake.

An “injured” worker who took more than a year off work was snapped by a private investigator in a fit condition, and has been ordered to pay her employer $1500.

Barbara Twentyman, who worked as a night fill worker in the clothing department at The Warehouse in Taupo, lost her case at the Employment Relations Authority against The Warehouse?for its?alleged failure to provide a safe and healthy work environment.

Twentyman injured her left shoulder while lifting products in February 2012. That same month she claimed that she sustained ongoing issues which felt like a “heart attack” as a result of concrete dust at work.

The former employee did not seek medical attention for her injury to her shoulder until a month later, with her “heart attack” symptoms being brought to her doctor’s attention two months afterwards.

The company used? photographic evidence from a private investigator it?hired with the approval of ACC to document Twentyman performing tasks which should not have been possible with her injury, to prove Twentyman was fit for work. ? ? Read more »

Vexatious complainant gets slapped for wonky ‘bum slap’ complaint

A story came out a couple of days ago?that shows the problem with our employee grievance industry.

A Hamilton woman who lost a sexual harassment complaint against her former boss after he slapped her bum has been ordered to pay him $5000.

Hamilton woman Ella Newman, 23, will appeal the Employment Relations Authority decision that quashed her sexual harassment claim and the decision to make her pay.

I don’t know who advised her, but this should never have got this far.


Especially when the Herald reported the following comment from ERA member Anna Fitzgibbon.

Authority member Anna Fitzgibbon rejected those claims, calling Ms Newman an unreliable witness and questioning why she did not complain earlier.

It sounds like she just made stuff up and was an ‘unreliable witness’, probably looking for a Christmas bonus or a trip overseas.

If she had such an unreliable claim, you would hope her lawyer would tell her such.

Unfortunately many employees like her use groups like Community Law, often light on lawyers, and assume employers are wrong no matter what. They then stumble along making the matter worse and fail to speak the truth to their client. ? Read more »

A word of warning for fools who hate on their former bosses and blab it all over social media

Some people have gone to town on social media, joining in on?the?kicking of Roger Sutton. You’d have to wonder they have remained silent for so long but only come out of the woodwork now one of their media pals is having a larrup. Probably because they were protecting lucrative troughing contracts at the taxpayers considerable expense flying in and out of Christchurch to share their pearls of PR wisdom.

That course of action though might well be fraught with danger after a recent Employment Court ruling.=

Employees are being warned not to air dirty laundry about their bosses on social media – even after leaving a job – after a former oil company employee was ordered to pay more than $2500 for making disparaging remarks on Facebook.

The case before the Employment Relations Authority has prompted a call for caution from a top Wellington employment law specialist.

The authority heard that in May last year Kristel McLeod received a “substantial” settlement during an employment dispute with Kea Petroleum Holdings Ltd.

In return, she signed an agreement that she would never speak disparagingly of the company or its officers, the authority said.

Kea is an oil and gas exploration company, which has offices in New Plymouth, Wellington and London. ?? Read more »

Marlene Campbell gets her beans, school justified in sacking her

Marlene Campbell, the nasty principal who attacked government ministers and comparing them to Hitler and Goebbels has lost her case before?the?Employment ?Relations Authority.

Former Salford School principal Marlene Campbell may challenge an Employment Relations Authority decision that found she was not unjustifiably fired.

Authority member Mike Loftus determined that Campbell was not unjustifiably dismissed from the school but had been unjustifiably suspended, after reserving his decision at a hearing in May.

Salford School commissioner Nicola Hornsey sacked Campbell in March after a five-month suspension, saying her behaviour towards staff members had created an unhealthy and unsafe work environment at the school.

Campbell argued against the dismissal and took four claims against the school to the authority. ?? Read more »

Winston Peters, Maori TV and the stitch up, ctd


The other week I?brought you a couple of?posts about a little known Maori trust that has had a few problems with how it spends $30million in taxpayer money, thanks to a couple of so-called whistleblowers.

As a result, the Ministry of Health that funds the trust, along with PWC auditors and the SFO have been crawling over Te Roopy Taurima O Manukau Trust?s files with a fine tooth comb.

When you have so-called whistleblowers, one thing you can be sure of is that somewhere along the line it will all end up at the Employment Relations Authority, with one party wanting a pay-out, and the other party essentially having to pay them off.

And a Te Roopy Taurima O Manukau Trust is no exception to the rule. Read more »

This country is becoming a bunch of sooks

Have we become a nation of sooks, a bunch of nancies running off and complaining to the Human Rights Commission and the Privacy Commission and the Employment Tribunal over hurt feelings?

It seems we just may be. Stephanie Flores writes at NBR:

If I ever have a son in New Zealand, I imagine he would punch his way out of the womb, assume the scrum position, then ask where his shotgun is because it?s duck hunting season in the Waikato.

At least that?s how I imagined a male Kiwi is born: tough, macho, hair already growing on his ape-like chest.

But after months of reading Employment Relations Authority decisions, I?m getting the impression that today?s males in New Zealand are more like the Village People version of?Macho Man, rather than the Sir Colin Meads of the old days.

This week, more authority decisions trickled out with workers claiming their employers hurt their feelings or, even worse, actually asking them to work.

Now I?m pretty sure my first editor ate cigarettes for breakfast and nails for dessert. It was 10 years ago but I still remember his hatred for humanity and the bloodlust for junior reporters that emanated from his desk.

After a hiding from him, I always waited until I got home to cry with a bottle of vodka and in the comfort of my own bed, which is the proper way to deal with workplace stress.

But I never,?ever, considered contacting an employment lawyer seeking advice on my hurt feelings.

Unfortunately for employers, the trend in employment law is moving in the opposite direction.? Read more »

Miss Piggy taunt gets you fired, if you aren’t Len Brown

It seems the threshold of losing your job really is all over the place like a mad woman’s poo, as Paul Easton reports

Calling a customer “Miss Piggy” and telling her in an email she was “rude and self-important” were sufficient reasons for a Wellington liquor store worker to be sacked, the Employment Relations Authority has ruled.

John Chan was dismissed as a duty manager at Miramar Liquorland after the customer reported his email to management.

Mr Chan told the customer he regretted not asking her to leave the store. He also said he was reminded of the Aaron Gilmore controversy, in which the disgraced politician acted rudely and attempted to have an employee reprimanded for not immediately tending to his needs.

Mr Gilmore resigned from Parliament last year after he?was rude to a waiter during a boozy night in Hanmer Springs.

And yet, if you root everything that ain’t nailed down, and accept gifts that you don’t declared under your own Code of Conduct rules, then it’s ok.

I guess we just have to wait until Len Brown is?rude? to someone.

Until then, corruption is still OK, I think.

A good judge, but I bet the Privacy Commission would disagree

A judge has ruled in an employment case that there is no such thing as privacy on Facebook.

Judge?Christina Inglis ruled against a ratbag employee who slagged off his boss on Facebook.

Slagging off your boss on Facebook might not be the best career move, with a judge warning there is no such thing as a private conversation on the social network.

The advice comes after an employee, who called his manager a dickhead on Facebook, lost his appeal for constructive dismissal.

Jarrod Hook took his case to the Employment Relations Authority earlier this year, claiming he was pushed into resigning from his job as an IT consultant for the Stream Group.? Read more »

Greedy, grasping, granny GM pleads guilty

Horton Media’s former General Manager Norah Laurence?Tither aka Laura Tither has plead guilty to all charges surrounding her fraud and theft over a number of years.

Georgina Bond at NBR reports:

Horton Media?s former general manager Norah Laurence Tither (Laura) has pleaded guilty to stealing just over $646,500 from the commercial printer, where she was responsible for its payroll system.

Mrs Tither, 70, appeared in Manukau District Court yesterday where she pleaded guilty to three charges of theft.

She was remanded at large for sentencing on October 23.

The charges carry a maximum sentence of seven years imprisonment.

Horton Media took the matter to police and asked them to press charges in May after?winning an employment dispute?with Mrs Tither. ? Read more »