Sacked youth worker loses claim

An Oranga Tamariki (OT) youth worker who was sacked after he appeared to raise his fist at a young person has lost his claim for unjustifiable dismissal.

Stephen Baillie worked at Te Puna Wai o¯ Tuhinapo youth detention centre in Christchurch and on April 3, 2021, he became involved in an altercation with a resident who kicked him.

Baillie responded by adopting a sideways stance, clenching his right hand into a fist and pulling back his arm. The young person – identified as YP – was then restrained by Baillie and two other staff members.

YP later complained and Baillie was suspended pending the outcome of a disciplinary investigation. He was found to have committed serious misconduct and dismissed on September 1, 2021.

Baillie claimed he was unjustifiably dismissed and raised a personal grievance on September 2, 2021. In February 2022, he succeeded in the Employment Court with a claim for interim reinstatement.

An Employment Relations Authority (ERA) hearing was held in April, with Baillie seeking permanent reinstatement, reimbursement of lost wages and benefits and compensation.

Te Puna Wai o¯ Tuhinapo is the only OT youth justice residence in the South Island.

The incident occurred after YP was alone in a room using a portable speaker connected to OT’s phone system to speak to his girlfriend. Baillie walked by and YP made a comment about his trackpants, the ERA hearing was told.

Baillie said YP demanded he get him ‘‘some f...ing trackpants too’’ and Baillie told him not to speak like that. As Baillie walked on he heard YP tell his girlfriend he was going to smash his ‘‘f...ing face in’’, ‘‘or something to that effect’’.

YP stated Baillie heard him through the closed door saying to his girlfriend, ‘‘I feel like punching him’’.

Although the exchange was captured on two CCTV cameras, the sound was not recorded.

Baillie and shift leader Andy Rowe entered YP’s room. Baillie said YP ‘‘stepped up towards me as I was speaking to him’’. However, the camera footage showed YP on the opposite side of the room facing away from the door.

Baillie is then shown close to and facing YP, speaking to him for about 15 seconds. When Baillie and Rowe left, YP threw the portable speaker across the room.

Baillie re-entered and after a brief exchange, YP kicked Baillie. The two staff members physically restrained YP. A third staff member came into the room and took Baillie’s place in the restraint.

The ERA hearing was held on April 20-21 and ERA member Philip Cheyne was told a review of the CCTV footage showed that Baillie made a fist, ‘‘suggestive of preparing to punch YP’’.

‘‘Baillie appeared to be taunting YP, urging YP to punch him, threatening loss of privileges and calling him a ‘typical drug addict’,’’ the hearing was told.

Baillie denied this and, responding to the allegation about his stance and clenched fist, said it was a ‘‘natural human response to being kicked’’ and it ‘‘lasted less than a second’’.

Peteru concluded that the CCTV footage provided ‘‘sufficient evidence’’ that Baillie had inappropriately restrained and inappropriately contacted YP, ‘‘without justification’’.

The case was determined on May 6 and Cheyne concluded OT’s actions and how it acted in dismissing Baillie ‘‘were what a fair and reasonable employer could have done in all the circumstances at the time’’.