Raukura Hauora o Tainui Trust runs four clinics across the Waikato region. Photo / Belinda Feek
A woman hired to address longstanding issues of poor workplace culture found herself at the centre of controversy after raising a complaint about a senior leader that went unanswered for five months.
However, when that same leader filed a complaint against her, she was promptly suspended, locked out of her email account, and the person she had complained about was given her role.
Now the Employment Relations Authority (ERA) has ordered Raukura Hauora o Tainui Trust to pay Telisa Jacobsen, general manager of people, culture and capability, $87,000 after she won her grievance claim for what she says was a mishandled investigation and prolonged suspension that left her with no option but to resign.
It is the second time this year the healthcare provider, which operates four medical centres across the Waikato region, has been ordered to pay up after having a grievance claim taken against it.
In January, former personal assistant Jourdan Piacun was awarded $36,000 after being subjected to repeated and unreasonable bullying.
Jacobsen was appointed in March 2020 to work alongside then-CEO Terina Moke after unrest within the trust and poor workplace culture.
She was required to assist with historical issues and restructuring but in late 2022, two members of the senior leadership team, Mr B and Mr D, raised formal complaints regarding Moke.
Jacobsen stepped into her role while the investigation took place but within months she raised her own complaints about B and D with the board that were met with radio silence for five months.
In February 2023, she raised another complaint about D that received no response and the next month D complained that Jacobsen was allegedly bullying, harassing and undermining him. By this stage, she had returned to her HR role.
An email was sent from the board almost immediately about the allegations. It mentioned the board had the right to suspend her during the disciplinary investigation and proposed a meeting on March 8.
Jacobsen responded, deeming the short notice of two days and the request to attend a meeting in Waikato unreasonable, given her location in South Auckland, and challenged the claims and the proposed suspension as unwarranted.
Following legal advice, the board suspended Jacobsen citing health and safety concerns due to the nature of the complaint, her lack of trust and confidence in D and her perceived lack of trust and confidence in the board.
Shortly after, D was seconded into Jacobsen’s role and her email access was cut off.
Jacobsen accused senior board members of colluding and bias in handling complaints and highlighted a lack of response to her complaints and inadequate communication from the board.
Despite multiple requests for updates and details, Jacobsen remained in the dark about the progress of the investigation.
The prolonged silence and inaction from Raukura were central to Jacobsen’s claim of constructive dismissal and despite letters from her legal team and no response by late April 2023, Jacobsen felt she had no choice but to resign.
The ERA had to determine if Jacobsen’s resignation constituted a constructive dismissal where she was forced by the employer’s actions.
At a hearing held in May, multiple witnesses provided statements for both sides.
Jacobsen described immense stress, anxiety, and financial pressure resulting from Raukura’s actions, which she said tarnished her reputation internally and externally.
Moke’s investigation had taken nine months and her testimony highlighted the communication issues and workplace culture at Raukura with multiple emails and complaints being exchanged among senior leadership team members, often involving disagreements and concerns about management practices.
Two former employees also gave evidence in support of Jacobsen about a toxic workplace culture and internal factions within the senior leadership team.
Former board member Alex Hope and board chair Korina Burne-Vaughan defended the board’s decisions, including the suspension of Jacobsen and the appointment of D to her role.
Burne-Vaughan referred to the need for D to “prove himself” and justified the suspension based on the severity of the allegations against Jacobsen.
In a decision released this week, the ERA found Raukura’s failure to provide any information was inexplicable given the involvement of a specialist employment legal firm and an experienced employment lawyer.
The prolonged suspension without updates and the blocking of her emails contributed significantly to her distress and loss of trust in the board’s process.
This breach was sufficiently serious to make it foreseeable that Jacobsen would resign, thereby constituting constructive dismissal, authority member Eleanor Robinson said.
“Jacobsen had made complaints about Mr B, Mr D and Ms F prior to being notified of the complaint Mr D had made about her on March 3, 2023,” Robinson said.
“It appears that no action was taken on these complaints, certainly Ms Jacobsen comments on the fact that the only response was one received from Mr Hope [board member] five months after she had made the complaint about Mr B’s conduct.
“RHOT’s action in response to Mr D’s complaint was to suspend Ms Jacobsen, removing her from the workplace and unable to carry out her duties.
“It is clear that there was dysfunction that affected the SLT [senior leadership team] at RHOT. This was characterised by a culture of complaint.”
Robinson highlighted that RHOT was quick to suspend Jacobsen following her complaint and forced her into a position where she had exhausted all options to have issues resolved.
“On balance, I find that Ms Jacobsen did not contribute to the situation which resulted in her suspension and dismissal,” Robinson said.
Raukura was ordered to pay $44,955 for lost remuneration, $30,000 in compensation and $12,000 to the authority.
NZME approached Raukura, Jacobsen and Moke for comment but did not hear back from any of the parties.
Shannon Pitman is a Whangārei based reporter for Open Justice covering courts in the Te Tai Tokerau region. She is of Ngāpuhi/ Ngāti Pūkenga descent and has worked in digital media for the past five years. She joined NZME in 2023.