The Platform's Sean Plunket and former employee Ani O'Brien.
A former editor at The Platform wins compensation for humiliation, loss of dignity and injury to feelings after an employment case centred on the behaviour of host Sean Plunket and the way the company handled her complaints.
The Platform host and founding editor Sean Plunket behaved inappropriately when he shouted at a worker – allegedly telling her to “put that f****ing phone down” – and brought his hand down physically on a desk, the Employment Relations Authority says.
The incident and the way it and other matters were dealt with by Plunket and The Platform’s co-owner, rich-lister Wayne Wright, have been outlined in a case taken to the authority by the media start-up’s former digital engagement editor Ani O’Brien.
The authority has found O’Brien was unjustifiably disadvantaged and awarded her a total of $17,550 in compensation for humiliation, loss of dignity and injury to feelings.
A second determination, from a separate case involving the parties, was released on Monday morning - the authority found O’Brien was also unjustifiably dismissed and awarded her an additional $22,500.
In its first determination, the authority outlined three incidents, in May and June 2022, involving Plunket and O’Brien which she said ultimately left her concerned for her health and safety and seeking assurances Plunket’s behaviour would not be repeated.
The authority says the actions of The Platform in handling the complaint “were in many respects ill-advised and unfair” and “may well also be considered as reactionary, retaliatory and vindictive”.
It has described Plunket’s actions as inappropriate and said he had acknowledged his behaviour in bringing his hand down on a desk was “unacceptable”.
In the first incident, on May 3, 2022, O’Brien told the authority Plunket “stormed towards” her, “stood over” her desk and pointed his finger in her face after she apparently became involved in a conversation between Plunket and another worker.
“She said that he also pointed to a small room and told her to ‘get in there’,” said authority member Rowan Anderson. “After she declined, she says that Mr Plunket then repeatedly told her to ‘pack your sh** and go’.”
Plunket said in his evidence O’Brien had interjected in a conversation he was having with another employee. “He denies suggesting they go to a windowless office and shouting at Ms O’Brien.”
The pair met at a restaurant/bar later that day, with another staff member, to clear the air.
A month later, on June 2, O’Brien said Plunket became “very angry” with her “in relation to her being emailed by one of the other [Platform] directors, Chloe Wright”, says the authority. She says she was called into Plunket’s office “and that he became aggressive”.
The third incident happened five days later, on June 7, according to the authority, when O’Brien returned to work after a long weekend.
The authority reported her evidence: “Mr Plunket had ‘already lost control and become aggressive toward’ her by 9.00am to 9.30am and that it was an incident that day which confirmed that the workplace was not safe and healthy, and that Mr Plunket’s behaviours were hazardous.”
According to the authority, Plunket’s “evidence is that he had made it clear to staff that show announcers need time to decompress and that it was standard for him to be given a ‘wide berth’ for 10 to 20 minutes after the conclusion of his show”.
“He says that a close friend had died suddenly the week before and he was to attend the funeral that morning. He maintains he had specifically told Ms O’Brien not to approach him about a draft story she had been working on until after he returned from the funeral.”
O’Brien apparently angered Plunket by calling a producer to see how far they were from the office so another producer could also attend the funeral.
According to O’Brien’s evidence, “Inexplicably ‘out of nowhere’, Mr Plunket stormed out of his office, charged over to my desk, confronted me, and screamed in an abusive and intimidatory manner words to the effect of ‘put that f***ing phone down’. I describe it as a ‘tirade of abuse’.
“I was in so much shock, I stopped talking to [the employee] and I can’t remember if I hung up on [them] or [they] hung up. The abusive intimidatory tirade of swearing and shouting continued.
“The situation escalated to physical violence with finger-pointing and Mr Plunket violently slamming his fist on the desk next to me. My keyboard and mouse jumped on the desk due to the force with which he thumped it.
“Mr Plunket went to leave, but then returned to my desk to shout some more and threaten me. The only thing I recall saying are words to the effect of, ‘Don’t talk to me like that’. I remained seated the entire time. I was in a state of shock.”
The authority’s decision says: “Mr Plunket said that during the incident he had spoken loudly, sworn, and had slapped his palm on the desk.”
“He denied that he brought his fist down onto the desk. Mr Plunket did accept at the investigation meeting that there was no material difference between slamming a fist or palm on the desk and that both were unacceptable.”
According to the authority, Plunket said he subsequently apologised “and that he did not attempt to justify his actions”.
“While there is some contest as to the details of the incident that occurred on 7 June 2022, I am satisfied that Mr Plunket’s behaviour, as he has admitted, was inappropriate.
“I find that Ms O’Brien was impacted by that behaviour and held genuine concerns as to her health and safety in the workplace. Further, I am satisfied that, at the very least, Ms O’Brien made clear that she held those concerns because Mr Plunket had exhibited similar behaviour on other occasions.”
O’Brien contacted The Platform’s funder and co-owner Wayne Wright after the June 7 incident, seeking a meeting. Wright travelled to Wellington the next day.
Unbeknownst to Wright and Plunket, the meeting was recorded.
Authority member Rowan Anderson took issue with the way the meeting was conducted.
“While Mr Plunket obviously held views and expressed those views as to Ms O’Brien’s behaviour, including alleged ‘undermining behaviour’, the allegations were not subject to any real scrutiny or verification,” said Anderson.
“I find the meeting proceeded in a way that simply drew a line under Mr Plunket’s conduct and then focused on Ms O’Brien.
“The Platform unreasonably allowed that to occur and supported Mr Plunket in taking that approach. Mr Wright might well have been taking a forward-looking approach in terms of the working relationship between Mr Plunket and Ms O’Brien, but the approach taken by The Platform was inherently unfair and unreasonable.”
Anderson said O’Brien was unjustifiably disadvantaged.
“I find that The Platform failed to ensure a safe place of work in that it took no meaningful action to address Mr Plunket’s actions and the behaviour that was legitimately of concern to Ms O’Brien. The primary and initial personal grievance that Ms O’Brien was unjustifiably disadvantaged in her employment by The Platform’s failure to deal with the inappropriate behaviour and health and safety issue is made out.”
O’Brien told the authority that her experience and subsequent dispute with The Platform was a “nightmare”.
According to her evidence, she suffered “insomnia, higher levels of depression and anxiety and more frequent panic attacks and migraines”.
The authority said the impact of The Platform’s actions on O’Brien had been “significant”.
Anderson awarded her $17,550 in compensation for humiliation, loss of dignity and injury to feelings.
While Anderson said the actions of The Platform “were in many respects ill-advised and unfair” and that some of its actions “may well also be considered as reactionary, retaliatory, and vindictive”, they did not reach a level to justify an award for special damages.
Anderson also found O’Brien was not entitled to payment for lost wages because she was able to “utilise her time and efforts, appropriately in my view, to pursue alternate work”.
In the second determination, released on Monday, Anderson ordered The Platform to pay O’Brien an additional $22,500 “as compensation for humiliation, loss of dignity, and injury to feelings relating to her unjustified dismissal claim”.
Anderson was not satisfied that restructuring undertaken by The Platform “came about, or was implemented due to, genuine commercial or business reasons”.
Evidence of the commercial or business reasons put forward by The Platform was “limited”, Anderson said.
“I find that the dismissal was inextricably linked to Ms O’Brien’s absence from the workplace and the reasons for that. The letter which included notice of the proposal strongly speaks to other motivations rather than simply referring to background circumstances. Ms O’Brien’s absence from work was caused by The Platform’s failure to provide a safe workplace. I do not accept that the redundancy occurred absent any consideration of the reasons for Ms O’Brien’s absence, nor without consideration of the likelihood of her return based on her concerns.”
“I find that the dismissal was both substantively and procedurally unjustified.”
When approached on Sunday, Plunket said he had only one comment to make: “This was Kafkaesque.”
O’Brien said: “It is a relief to finally get a determination in what has been a long process. I haven’t had the opportunity to discuss the determination with my lawyer due to the long weekend so will hold off on making further comments until then.”
Editor-at-Large Shayne Currie is one of New Zealand’s most experienced senior journalists and media leaders. He has held executive and senior editorial roles at NZME including Managing Editor, NZ Herald Editor and Herald on Sunday Editor and has a small shareholding in NZME.
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