Terminated Corrections employee gets favourable court ruling

Former Ngawha prison employee Shelley Goldie has filed a claim for unjustified dismissal against Corrections. Photo / NZME

The Employment Court has given a Northland-based Department of Corrections employee terminated for refusing the Covid vaccination the green light to challenge her dismissal.

Shelley Goldie started work in an administrative role at the department’s Northland Regional Corrections Facility complex at Ngawha in 2017 and was told her position was covered by the Covid vaccination order for the department that came into effect from November 2021.

Goldie was told she had until December 8, 2021 to have the necessary vaccinations or else her employment would be terminated on four weeks’ notice.

She did not have the Covid vaccinations and lost her job. In early November 2021, after Goldie’s role was designated as requiring vaccination against Covid, she contacted an employment advocate.

The advocate advised her she could have a defence against dismissal and if it was for not taking the vaccine she could raise a grievance for unjustifiable dismissal.

There was also discussion of a class action against the department in respect of its treatment of unvaccinated staff. She signed an instruction to the advocate’s firm to act for her in a class action that involved her employer and referred to the effect the Covid vaccine mandate has had on Goldie.

After calling and sending the advocate a number of emails up throughout March and into April without getting any response, Goldie instructed Whangārei lawyer Victor Corbett to take on her case.

On May 6, 2022, she raised a grievance for unjustifiable dismissal with the department which rejected her doing so outside the 90-day period prescribed under the Employment Relations Act 2000.

She then applied for leave from the Employment Relations Authority to raise her grievance out of time. Goldie argued there were exceptional circumstances that resulted in a delay in raising the grievance and in particular she had made reasonable arrangements to have the grievance raised on her behalf by an agent who unreasonably failed to ensure it was done within the required time.

Her application was declined, and she then challenged the authority’s determination in the Employment Court which ruled in her favour.

Judge Joanna Holden said there was no question the advocate failed to ensure the grievance was raised.

“The court has previously noted that representatives in employment law matters have a considerable responsibility to the people or businesses they represent.

“If representatives find they cannot properly represent their clients, they should advise their clients of the true state of affairs and help them find assistance elsewhere,” the judge said.

Goldie said she was relieved and looked forward to her substantive claim that would be heard in the Employment Court.