At a hearing before the authority in February last year, O’Brien said she was yelled and sworn at by founder and editor Sean Plunket before he “punched the desk” standing just a metre in front of her. While Plunket largely accepted what he describes as “appalling” behaviour, he rejected the personal grievance claim.
In May, while awaiting the authority’s determination, O’Brien received a restructuring proposal from The Platform.
Two days after responding with suggestions, a letter arrived terminating her employment.
The case centres around whether O’Brien’s lengthy absence from work and her claim before the authority was behind her dismissal - a claim The Platform strongly denies.
O’Brien told the authority she was surprised to receive the proposal, given they were awaiting the authority’s determination and the person at the centre of those allegations was the one making her redundant.
“The Platform is in a difficult position, they are a small outfit and the person who landed us here twice, is the sole decision maker on a lot of things,” she said.
The Platform’s director Wayne Wright - who O’Brien argued should have been the one making the decision about her redundancy - said it was Plunket’s responsibility.
Wright said they sought legal advice as to how to conduct the process reasonably.
When authority member Rowan Anderson asked if O’Brien’s absence from work was a motivation for the restructuring and redundancy, Wright said: “It wasn’t a motivation, it was a consequence.”
Because others had filled O’Brien’s role in her absence, it was clear her position was redundant, he said.
Plunket also denied his decision to disestablish O’Brien’s role was made because she’d launched proceedings against the company.
“The proceedings were over by then, so it was moot,” he said.
Plunket said all staff were told about the restructure and asked for their input.
Asked if he’d received other feedback he responded: “We’re a funny old organisation, there’s not a lot of memos flying around.”
While Plunket admitted there was no business case for the restructure, he told the hearing that The Platform was a lean operation which was constantly looking for efficiencies and savings. Since O’Brien’s departure, the total number of staff had grown from eight to 10 people.
At the time there were significant changes, production manager Paul Brennan left and wasn’t replaced. Host Leanne Malcolm also left on “good terms” and they closed their Queenstown studio with host Michael Laws broadcasting from his son’s bedroom in Cromwell. They’d also employed more contractors.
But O’Brien’s lawyer Barbara Buckett put it to Plunket that he had more to gain than lose if her client left The Platform, because she had challenged his behaviour - a claim Plunket denied.
“You have a history of outbursts and a history of apologising and then repeating your behaviour,” she said.
“No more or less than anyone else,” he responded.
Under questioning by Buckett, Plunket admitted that he hadn’t told O’Brien her job was in jeopardy if she didn’t return to work or responded to her letter of May 16.
But Plunket hit back saying in the real world a lawyer’s letter was not the way to provide feedback to a restructuring proposal.
Representatives from The Platform spoke of their frustration at being unable to engage with O’Brien since her departure.
Plunket said they had repeatedly sought to meet with O’Brien to discuss the issues she’d raised.
The Platform’s lawyer Michael O’Brien (no relation) put it to Ani O’Brien that she never intended to go to a meeting. Prior to the letter of May 16, she had been neither responsive nor communicative.
Ani O’Brien told the authority she would have met with The Platform’s representatives if it was organised under the right circumstances, and it was safe for her to attend. She said the workplace was no safer than it had been when she left.
She said her lawyer had responded to all The Platform’s requests in a timely manner and felt it was The Platform who were keen on pushing things through.
Lawyers on both sides will now file written submissions before the authority issues its decision.
Catherine Hutton is an Open Justice reporter, based in Wellington. She has worked as a journalist for 20 years, including at the Waikato Times and RNZ. Most recently she was working as a media advisor at the Ministry of Justice.
