Fraser has ultimatum for TVNZ

Former TVNZ chief executive Ian Fraser has issued an ultimatum to the TVNZ board - withdraw the claims against him of serious misconduct or face a court battle.

Mr Fraser's lawyer Peter Kiely legally raised a personal grievance with the state broadcaster in writing a fortnight ago.

Yesterday, Mr Fraser said he was prepared to take TVNZ to mediation and ultimately the Employment Relations Authority if the board did not respond to his satisfaction.

"I require them to withdraw the charge of serious misconduct. It's more than a charge - it is a verdict they have come to unilaterally, and they are required to withdraw that, otherwise the process will continue."

The board took Mr Fraser off his remaining duties because of evidence he gave to the finance and expenditure select committee's inquiry into TVNZ in December.

In it, Mr Fraser claimed the relationship between the board and management had deteriorated almost irretrievably, and accused board members of leaking information.

Mr Fraser has since claimed the board was in contempt of Parliament.

Parliament's standing orders say contempt can include "assaulting, threatening or disadvantaging" anyone on account of the evidence they give to the House or its committees.

TVNZ would not comment on Mr Fraser's claims.

The finance and expenditure select committee is due to meet in a closed session today to discuss the TVNZ inquiry and is expected to discuss a letter from Mr Fraser to the committee.

The committee can decide to report any perceived contempt to the Speaker, who decides whether to refer it to the Privileges Committee.

In the letter sent to Mr Fraser five days after the inquiry, board chairman Craig Boyce said the board had "expressed considerable concern" at Mr Fraser's comments to the select committee.

It said Mr Fraser's statements had reflected badly on the board, its members and TVNZ's reputation and brand. It amounted to misconduct serious enough to warrant sacking Mr Fraser under his employment contract as well as TVNZ's code of employment.

The letter said the board would not do so, but "clearly, you will give the board no option but to consider doing so if you make any further disparaging comments about the company, its board or management".

Yesterday, Mr Fraser told the Herald he hoped the committee would give serious consideration to the ramifications of his treatment by the board.

He said he had to tell the truth to the committee or he would have been in contempt himself for misleading or refusing to answer a question.

"Telling the truth has been characterised as serious misconduct and I have been penalised for it and threatened with further action should I say anything else.

"If an employer is able to get away with that sort of intimidatory behaviour, who is going to appear before select committees and talk fully and freely?"

What they said

The board's view is that (Fraser's comments) amounted to serious misconduct for which the company could terminate your employment. At this stage, however, this step will not be taken. Clearly you will give the board no option but to consider doing so if you make any further disparaging comments about the company, its board or management.

- TVNZ board chairman Craig Boyce's letter to Ian Fraser, December 22, 2005.