Flash resort ordered to pay $100,000 to staff

Manager of a high-end resort has challenged unjustified termination ruling by Employment Relations Authority

The manager of a high-end resort has challenged a ruling to pay out money to an ex-employee even after a report was released disclosing his attempts to obstruct the investigation and a judge describing his behaviour as an abuse of the court process.

Carrington Resort on the Karikari Peninsula has been ordered by the Employment Relations Authority to pay out more than $100,000 to four employees following their unjustified terminations.

The resort manager, William Tan, was found responsible for the illegal firing of Toni Maheno, Iva Grant, Paula Knight and Stacey Roy.

Maheno was employed by Carrington Resort, originally as a housekeeper, and later managing the estate’s restaurant.

On August 18, 2020, she was called into a disciplinary meeting by Tan, general manager of the parent company that owns the resort.

The Employment Relations Authority (ERA) found Maheno was never told it was a disciplinary meeting where Tan took the opportunity to raise concerns about irregularities with till records.

She was also never given a written list of the allegations against her but admitted to taking $187 worth of food.

She was suspended pending investigation.

Another meeting was held two days later where further allegations were put against her, including drug taking, and, once again, Tan did not provide her with a written list of the allegations.

She denied all allegations and was dismissed then trespassed from the property.

Maheno took Tan to the ERA and won a payout of $21,000 in December 2022, which is yet to be paid.

Tan challenged the decision recently in the employment court to which the ERA presented a “good faith” report to the employment court, which noted multiple incidents of concern with Tan’s behaviour.

The ERA said Tan acted in a contemptuous manner towards the applicant, her advocates and the authority.

“His conduct could also be viewed as an attempt to intimidate the applicant, her advocates and the authority by making spurious allegations about them,” the ERA report said.

Throughout the investigation the ERA said Tan obstructed the investigation by failing to attend scheduled meetings with the ERA, failing to file witness statements, failing to respond to the ERA and making late applications for remote witnesses to give evidence.

Tan also wrote parts of witness statements himself and when those statements were put to witnesses, they knew nothing about it. He also secretly recorded an investigation meeting and when directed to delete the recording, he chose not to.

The authority stated that after the investigative meeting, Tan stood over the authority member and accused her of being biased, unprofessional and very unfair.

“Carrington’s failings have already been set out above in relation to the authority’s investigation. The issues with its conduct of the proceedings continue into this court,” Judge Kathryn Beck said in her judgment.

“In its pleadings for this challenge, Carrington has made irrelevant and unsubstantiated allegations against the authority which are entirely inappropriate. Further, it has not engaged with the court’s processes and has proved unwilling to communicate with curt registry staff,” she said.

“Carrington has brought a challenge and is choosing not to pursue it diligently. I am concerned that Carrington is using this challenge for purposes other than simply seeking a decision in relation to its claims.

“This may constitute an abuse of the processes of the court.”

Maheno is being represented by

Sacked Kiwi and employment advocate Alex Kersjes, who claimed Tan continued to make disparaging comments about their client, her representation and the authority.

“There are currently four or five matters before the courts now and we agree with the employment court findings that he has not engaged in good faith and is not pursuing this challenge in good faith,” Kersjes told NZME.

“We’re confident of a positive outcome and pleased with the applications we’ve made so far.’’