A former corrections officer who was assaulted by a prisoner has been awarded more than $50,000. Photo / File
A former corrections officer who was assaulted by a prisoner has been awarded more than $50,000 after the Employment Relations Authority ruled the Department of Corrections failed in its duties to protect him from a foreseeable risk of harm at work.
Corrections were ordered to pay the unnamed worker – who the ERA only refers to as JCE – $30,000 compensation and $26,061.54 in lost remuneration after being found to have acted in an unjustified way causing disadvantage to JCE's employment, which ultimately ended in medical retirement.
JCE was assaulted in June 2012 while working in the J wing of Unit 34 – a unit that houses high security prisoners – at Otago Corrections Facility.
Over a three year period following the assault, JCE's mental health declined, culminating in an attempt to take his own life in July 2015.
JCE blames Corrections for the assault, failing to look after him when he returned to work and the loss of his career.
Corrections denied it has any liability for the incident, and said it acted as a fair and reasonable employer could have done in all the circumstances.
The authority had two key points to consider; did Corrections take reasonable practicable steps to prevent the risk of an assault, and did Corrections actions upon JCE's return to work after the assault result in a disadvantage to his employment.
According to ERA documents, Corrections did not dispute the risk of an assault on a corrections officer by a prisoner is a foreseeable risk, but said it had taken reasonable practical steps to prevent an assault by a prisoner as it had met the minimum staffing numbers.
However, after evidence was given, the authority found that Corrections did not meet staffing ratios for corrections officers prior to the assault and therefore hadn't taken reasonable practicable steps, in the circumstances, to protect JCE from a foreseeable risk of harm.
JCE returned to work nine days after the assault and was rostered onto the control room in Unit 34 to ease him back into work, which is customary.
But according to ERA documents, the only support JCE received on his return to work was in respect of his physical injuries and the ACC cover he received for that.
The authority found the lack of action by Corrections in respect of assessing JCE's post assault health and his return to work evidenced a number of failings by it. Those failings include:
• There was no debriefing of JCE on his return to work.
• There was no return to work plan for JCE, Corrections simply put him in the control room for a short period without any discussion. The Senior HR Manager outlined his view of an informal process that Corrections could have adopted for JCE. He suggested at least a discussion with JCE on his return to work about his placement, a daily review for a short period of time and then a "wrap up" discussion at the end of the first two weeks and a review when integrated back to normal role.
• There was no counselling offered to JCE. In particular, Corrections failed to follow its policy on Specialist Counselling in the Event of Traumatic incidents. This policy required Corrections to report the assault through the PS National Office Incident Line, which would then activate a process for an EAP assessment and a recommendation for counselling, including a schedule of counselling covering daily, weekly and then monthly counselling sessions following the assault. Corrections did not report the assault and no assessment for counselling was ever completed for JCE.
• When JCE returned from his leave in July 2012, there was no direct follow up with him. Corrections suggested it did monitor JCE's behaviour whilst he was at work but there was no evidence that this actually amounted to any constructive monitoring and assessment of JCE.
The authority ruled in its conclusion that Corrections should have done all four of the above requirements and therefore failed to take reasonable practical steps to protect JCE's mental health when he returned to work.
The authority said the underlying reason for dismissal was caused by Corrections' failings to protect JCE from risk of harm and its lack of actions when he returned to work, resulting in the unjustified disadvantage and breach of contract claims.
In a statement to the Herald, Neil Beales, Chief Custodial Officer, said: "We are committed to providing the safest possible environment for our staff, the prisoners we manage and the community. Assaults on our staff are unacceptable. Corrections officers come to work every day to keep New Zealanders safe. They do an exceptional and brave job in often very challenging circumstances.
"In recent years we have invested significantly in the tools we have available to keep our people safe.
"Mental health awareness training for staff has been expanded and includes guidelines for staff to recognise and respond to offender behaviours that may be influenced by the state of their mental health.
"All staff are encouraged to build knowledge, understanding and skills around issues of mental wellbeing, and all probation staff will take part in a training programme for Mental Health and Suicide Awareness."
If you are worried about your or someone else's mental health, the best place to get help is your GP or local mental health provider. However, if you or someone else is in danger or endangering others, call police immediately on 111.
OR IF YOU NEED TO TALK TO SOMEONE ELSE:
• LIFELINE: 0800 543 354 or 09 5222 999 within Auckland (available 24/7)
• SUICIDE CRISIS HELPLINE: 0508 828 865 (0508 TAUTOKO) (available 24/7)
• YOUTHLINE: 0800 376 633 ,free text 234 or email talk@youthline.co.nz or online chat.
• NEED TO TALK? Free call or text 1737 (available 24/7)
• KIDSLINE: 0800 543 754 (available 24/7)
• WHATSUP: 0800 942 8787 (1pm to 11pm)
• DEPRESSION HELPLINE: 0800 111 757
• SAMARITANS – 0800 726 666.