Carrington Resort continues to be plagued with employment relations issues.
Carrington Resort continues to be plagued with employment relations issues.
The manager of a high-end resort has challenged a ruling to pay out money to an ex-employee even after a report disclosed his attempts to obstruct the investigation and a judge described his behaviour as an abuse of the court process.
Carrington Resort on Northland’s Karikari Peninsula has been ordered by the Employment Relations Authority (ERA) to pay out more than $100,000 to four employees after their unjustified terminations.
On August 18, 2020, she was called into a disciplinary meeting by Tan, general manager of the parent company that owns the resort.
The 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.
Another meeting was held two days later where further allegations against her included drug taking. 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.
The ERA ruled Toni Maheno was terminated unlawfully and awarded her $21,000 compensation.
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, 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 did not.
The authority stated that after the meeting, Tan approached the authority member, stood over her, and accused her of being biased, unprofessional and very unfair.
“In its pleadings for this challenge, Carrington has made irrelevant and unsubstantiated allegations against the authority which are entirely inappropriate,” Judge Kathryn Beck said in her judgment. “Further, it has not engaged with the court’s processes and has proved unwilling to communicate with court 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 and the outcomes,” Kersjes said.
A further conference will be held at a later date to discuss the next steps of Carrington’s challenge.
Shannon Pitman is a Whangārei-based reporter for Open Justice covering courts in the Te Tai Tokerau region. She is of Ngāpuhi/ Ngāti Pūkenga descent and has worked in digital media for the past five years. She joined NZME in 2023.
