Former TVNZ host Kamahl Santamaria. Photo / Supplied
TVNZ has won what it describes as a comprehensive early victory in an employment dispute brought by former Breakfast host Kamahl Santamaria but the legal decision also reveals the host was given a payout as part of a confidential settlement over his departure.
An Employment Relations Authority decision released on Thursday reveals TVNZ agreed to a payment as part of a confidential “record of settlement” (RoS) agreement in May and June 2022.
The host had resigned after just 32 days on air, following a complaint of inappropriate behaviour by a female colleague.
The authority was considering whether it had jurisdiction to hear two claims by Santamaria that TVNZ had breached its duty of good faith and implied contractual obligations to provide a safe working environment. Among Santamaria’s concerns was the way that TVNZ and its newsroom had handled coverage of his departure.
The ERA, in its decision released today, sided with TVNZ, reiterating that the record of settlement was full and final and it did not have jurisdiction.
TVNZ said: “The Employment Relations Authority has found comprehensively in TVNZ’s favour on two of the three claims in front of it. The third claim is still to be considered.”
Santamaria, who says he will be appealing the authority decision and wants the case before the Employment Court, told the Herald he could imagine people would be outraged that “TVNZ signed a deal with me which included a payment”.
He said he had been prevented from talking about the settlement earlier. He said he could not say how much TVNZ had paid him.
“I was portrayed at the time (and since) by the media as, essentially, this terrible person who did something reprehensible.
“So, with that narrative having always been in place – and in the current climate of cutbacks in the industry – I can imagine people being outraged that TVNZ signed a deal with me which included a payment.
“I know (through my request last year for personal information under the Privacy Act) that noses were already out of joint at TVNZ over the fact I’d been hired in the first place.
“But what people should think about is why TVNZ signed that deal and made that payment. Generally speaking, companies and individuals don’t make payments and gag people when the story of judgment and blame is as one-sided as it was made out to be.”
Santamaria replaced John Campbell as a Breakfast host in April 2022, after a 17-year stint at Al Jazeera.
His last appearance on screen was on May 18, 2022.
TVNZ initially said a “family emergency” was behind his absence – a statement that was later discredited after the female colleague’s complaint emerged of inappropriate behaviour. This was followed by claims of inappropriate messages to female colleagues at Al Jazeera.
Santamaria’s resignation from TVNZ was announced on May 28, 2022.
He has said the alleged incident at TVNZ was instinctive, with no ill-intent, and that it was “never alleged at the time by the complainant to be sexual and/or harassment”.
He apologised later for making his colleague feel uncomfortable. The public has not heard the colleague’s side of the story.
The ERA said in its decision today that Santamaria had accused TVNZ of breaching the record of settlement, including through the way its newsroom chased the story in the days after he came off air.
“He claimed TVNZ was legally responsible for its newsroom undermining and/or breaching the RoS,” said authority member Rachel Larmer.
However, she further said, “Mr Santamaria did not raise any issues directly with TVNZ after his employment had ended on 31 May 2022 regarding the significant media coverage that had followed the announcement of his resignation, until he lodged his SoP in November 2023, almost 18 months later.”
Santamaria’s position was that the record of settlement only resolved claims that had already arisen or might arise concerning what had happened in his employment up to May 28, 2022, which was the date he had signed the RoS.
“From his perspective, that involved the way TVNZ had handled the original complaint and the disciplinary process against him. According to Mr Santamaria that was the particular dispute the RoS had settled, so it did not cover the new claims as those related to media coverage about his situation.”
In an affidavit, TVNZ former chief people officer Nicola Simpson said in an affidavit: “At no point did Mr Santamaria or his legal representative request any special approach in relation to TVNZ’s own newsroom.
“It did not occur to us that an experienced journalist working in TVNZ’s newsroom would think for a moment that TVNZ would not report on the matter in the same way as any other New Zealand media.”
The authority said, “due to the parties’ negotiations and the extensive media interest in his matter, Mr Santamaria must have been aware that there was a possibility of new issues arising due to future media attention following the announcement of his resignation”.
Further, the authority said, “TVNZ told Mr Santamaria’s counsel on 29 May 2022 that it could not control who its reporters approached for information or what they asked, and that it could not instruct them not to report on Mr Santamaria’s situation. He therefore knew TVNZ’s position on those issues before he affirmed to the mediator on 2 June 2022 that the RoS should be certified.”
Santamaria says he will be appealing the authority finding, claiming a number of errors.
And on his website, he says: “While I was gagged by this agreement, TVNZ went on to immediately and repeatedly breach the terms of the agreement, and my ongoing legal rights as an employee, to formulate a narrative that was not based in fact.
“And it did this at almost every level - from its newsroom, management, and executives, right up to its chief executive and board.”
A TVNZ spokeswoman said: “Mr Santamaria’s account is not at all reflective of the Employment Relations Authority’s decision. The Employment Relations Authority has found comprehensively in TVNZ’s favour on two of the three claims in front of it. The third claim is still to be considered.
“Mr Santamaria’s has referred to seven additional claims still to be heard. We understand this to mean seven alleged breaches under the third claim. Irrespective, we reject this and we’re confident in our position.
“We’re pleased with this decision from the Employment Relations Authority. Mr Santamaria’s departure from TVNZ has already been widely reported on.”
Asked directly about the paid settlement, she said: “Our position remains the same as it was in 2022, we do not comment on individual employment matters.”
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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