A Northland organisation that unjustifiably sacked its chief executive has been ordered to pay her more than $21,000 toward her legal costs and other expenses.
The Employment Relations Authority criticised the Te Runanga o Whaingaroa for the way it handled the dismissal of then-CEO Malenie Rose Catanuto on September 6last year.
Ms Catanuto was awarded tens of thousands of dollars in lost wages and $12,000 for distress compensation after her dismissal.
In another ruling last week, ERA member Rachel Larmer ordered the runanga to pay a further $21,000 toward her legal costs and $684 in disbursements.
Ms Catanuto had sought indemnity costs and disbursements of $59,542, claiming the manner in which the runanga board conducted its case was responsible for her legal costs.
She said she incurred additional time and expense defending the board's allegation that one of her supporters had covertly recorded the ERA's proceedings.
"As it turned out Ms Catanuto had no involvement in or knowledge of the covert recording, which the authority now understands was done by the wife of one of the current board members," Ms Larmer said in her ruling.
She rejected the board's claims that its costs were significantly increased due to Ms Catanuto's choice to pursue reinstatement as a remedy, initially as an urgent interim reinstatement and then as a permanent remedy. Ms Larmer said it wasn't surprising Ms Catanuto would respond as she did, given the unsatisfactory process she was subjected to and the lack of information she encountered during the process and at the time of her dismissal.
While the board said it was not a profit-making organisation and that a substantial costs award would cause it and its beneficiaries' hardship, Ms Larmer said no evidence was produced to support those submissions.
"If what the board says is true about its financial situation, I would have expected it to have taken a realistic view of the merits of it successfully defending Ms Catanuto's claims," she said.
