Ex-staffer wins right to sue ministry

Erin Leigh. Photo / Supplied

Ministerial meddling in state sector job appointments during the last Labour Government looks set to be dredged up in court, as the woman at the centre of one case has regained the right to sue her former bosses for defamation.

Erin Leigh, a former Environment Ministry public relations contractor, quit her job in 2006 after the appointment of Clare Curran - now a Labour MP - as her superior on the recommendation of Labour Climate Change Minister David Parker.

The next year when the circumstances of Ms Curran's appointment were attracting media attention, Ms Leigh told reporters the affair amounted to political interference in what was supposed to be a neutral ministry. Her statements spurred Labour Cabinet minister Trevor Mallard to describe her as a "sad" individual and an incompetent worker.

While Mr Mallard's comments were protected by parliamentary privilege, Ms Leigh took action against the ministry and its then deputy secretary Lindsay Gow, alleging comments about her in written and oral briefings to Mr Mallard were defamatory.

She alleged the material was intended to mean that she was not only incompetent but irresponsible, overly emotional and not fit to be employed as a communications consultant.

In 2009, the High Court found the ministry briefing paper was not capable of conveying any defamatory meaning, but the Court of Appeal has overturned that ruling.

Mr Mallard refused to repeat his comments outside the House and eventually apologised to Ms Leigh.

A subsequent State Services Commission report on Ms Curran's appointment dismissed concerns that it was the result of an inappropriate directive from Mr Parker. However, it criticised the ministry for not being aware of the need to display political neutrality at all times.