ERA orders sacked Ngā Rauru manager be reinstated until her case can be further argued

Anne-Marie Broughton's case against Ngā Rauru worth arguing, ERA member says.

A general manager sacked by the Te Kaahui o Rauru trust has had her position temporarily reinstated by the Employment Relations Authority.

Anne-Marie Broughton was the South Taranaki tribe's kaiwhakahaere (general manager) for a period of employment that over-ran several expiry dates.

She was offered a permanent job in March this year, but asked for more time to consider it.

But she was then told, in an email from the iwi's tumu whakarae (chairman) elected in November last year, Michael Neho, while on preapproved leave, that her job ended on March 31 - one of the possible expiry dates.

She took the matter to the Employment Relations Authority (ERA) in Wellington, saying Neho had incited, instigated, aided and abetted the trust in her dismissal.

The trust denies this.

Broughton told the ERA her dismissal was unjustified, and asked to be reinstated.

The ERA met on July 4, and made a determination on July 31.

Member Michael Loftus ordered Broughton's position be reinstated on an interim basis, until her claims can be fully considered in November.

She had an arguable and perhaps a strong case, Loftus said, because she had already continued working after previous expiry dates.

Also, she had been offered a permanent position, which was cancelled for reasons that appear to be linked to her refusal to accept reduced conditions.

That would not be condoned, he said.

"To now suggest she be penalised because she exercised a legal right has dubious validity."

The trust, consisting of two representatives of each of Ngā Rauru's 12 marae, opposes Broughton's reinstatement.

If Neho and Broughton can't work constructively together it could stop them properly performing their duties, Loftus said.

Neho said the reinstatement will be difficult.

"But we have to work professionally and work with the decision of the ERA, although 11 of the 12 marae don't agree with the judgment, we have to live with it and be great employers."

It was disappointing that Broughton had taken the iwi to the authority and dragged its name through the mud, Neho said, when she could have addressed the matter on a marae or at a board meeting.

Despite the difficulties, reinstatement is the best remedy, the ERA found.

Neho's is a temporary position, Loftus said, and one of governance rather than day to day interaction. Other members of the trust could be delegated to work with Broughton, he said.

Broughton told the authority the issue was about more than money. It was about reinstating her mana and making sure she didn't lose touch with a job she would like to continue.