John Faitala said because he lost his job so suddenly, many people in the community thought he had done something wrong, causing him shame and humiliation.
John Faitala said because he lost his job so suddenly, many people in the community thought he had done something wrong, causing him shame and humiliation.
An Auckland organisation has been forced to pay tens of thousands of dollars in compensation to two workers after an employment court found it failed to uphold “Pasifika values”.
It’s a first-of-its-kind case that all employers in New Zealand should take note of, according to the workers’ employment law advocate.
Aucklanders John Faitala and Vahanoa Vea were awarded $30,000 and $45,000 respectively in compensation for hurt and humiliation related to being made redundant by The Pacific Island Business Development Trust, which runs the Pacific Business Trust.
Faitala also received six months of lost wages, and Vea 12 months.
Among their complaints was the humiliation and shame they felt after receiving termination letters via email - which they described as a slap in the face and not the Pasifika way of doing things, which would have involved face-to-face meetings over a cup of tea.
Faitala described the process as “alien” and said none of the social norms he had come to expect as a Pacific Islander were followed, according to court documents.
‘At odds with Pasifika values’
The case was heard in the Employment Court in Auckland before Judge Merepaia King.
She said during its restructuring, the organisation failed to comply with its obligation to adhere to Pasifika values which were specifically incorporated into its workers’ employment agreements.
Those values include what the trust later accepted were five pillars of the Pasifika community: Respect, aiga (family), community, reciprocity and religion or spirituality.
“The trust’s failure to follow through with its own undertakings ... are clear examples of conduct at odds with Pasifika values of reciprocity, respect and care.
“The trust’s failures were unfair. The plaintiffs were Pasifika employees working in a Pasifika organisation - selected for their cultural capability and understanding - in an organisation led by Pasifika values,” the judge said.
In February 2023, new chief executive Mary Los’e took leadership of the organisation in a bid to bring change as the trust was facing a number of challenges, the decision reads.
By May that year, staff members were told about a proposed restructure that resulted in the disestablishment of five roles including those held by Faitala and Vea. Both had worked at the organisation for several years.
Judge King said: “In the circumstances, Pasifika values ought to have been recognised and integral to any restructuring process.”
Employment law advocate Galuvao Paul Pa’u, who acted for Faitala and Vea, said the most significant aspect of the case was that the judgment said Pasifika values could now be part of employment terms and conditions.
And if breached, it could give grounds for a personal grievance.
There have been similar cases involving Māori cultural values. In 2023, an Employment Court Judge ruled tikanga was relevant in the case of a Customs employee who was fired over a vaccine refusal. Photo / Joseph Johnson
It is understood to be the first time Pasifika values have been accepted by a court in this manner and could have major implications for both Pasifika people working in New Zealand and for New Zealand organisations.
“Even if policies, agreements or [job descriptions] don’t explicitly refer to Pasifika values, if they refer to a multicultural workforce or an inclusive work environment, then I think that allows Pasifika employees to claim Pasifika values relying on the legal precedent set by this case,” Pa’u said.
It follows a similar case in 2023, when an Employment Court ruled that tikanga (Māori customary law or values) was relevant when a Customs employee was fired after refusing to get a Covid-19 vaccine.
In that case, Chief Employment Court Judge Christina Inglis found that because Customs had incorporated tikanga and tikanga values into its employment relationships, they could be relevant with all employees, Māori and non-Māori.
The Pacific Business Development Trust acknowledged it “fell short” in relation to cultural matters, but also argued parts of its consultation process demonstrated Pasifika cultural understanding and empathy, by way of talanoa (discussion).
Judge King, however, said she did not find that convincing and the serious procedural failures were contrary to Pasifika values especially respect and reciprocity.
Vaimoana Mase is the Pasifika editor for the Herald’s Talanoa section, sharing stories from the community. She won junior reporter of the year at the then Qantas Media Awards in 2010 and won the best opinion writing award at the 2023 Voyager Media Awards.
