This is Huge!!
Employment Court overturns Employment Relations Authority determination and finds Ms Healey did raise a personal greivance within 90 days.

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Krissy De Souza v Maori Woman’s Welfare League 31 October 2024

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Sarah Blick, Authority Member says in her determination:

For these reasons MWWL is unable to establish it has discharged its statutoryrequirements to give reasonable written notice of the specified date for vaccination (Schedule3A, clause 3(2)); ensured all other reasonable alternatives to dismissal had been exhausted (Schedule 3A, clause 3(4)) prior to dismissal; and termination notice requirements (Schedule 3(3)). These failures combined with the defects in the process followed render Ms De Souza’s dismissal unjustified because MWWL is unable to demonstrate it has stepped through the statutory requirements.

Case Summary

The case of Krissy De Souza’s termination by the Māori Women’s Welfare League due to non-compliance with a COVID-19 vaccination policy. ​ Key points include the unjustified dismissal, failure to follow proper consultation procedures, legal requirements related to vaccination policies, and the Employment Relations Authority’s ruling ordering MWWL to pay compensation of $28K plus three months wages.

Hearing Investigation Notes from Erika Whittome and Karen Glass, N8 Union Advaocates 

Karen (N8 Advocate): What do you think consultation with the employee means to you?

  Manager: Talking to her about it

Karen: talking with an open mind. Did you discuss or propose any alternatives?

  Manger: no

Karen: in the policy what were you thinking of when it says “reasonable alternatives”? At 3.8 of your policy: mwwl will explore all available and reasonable alternatives in consultation with the employee…

  Manager: Well, there weren’t any. I don’t know, I can’t remember what the alternatives… I hoped there would have been alternatives, I don’t know, I can’t remember.

Karen How long have you worked in the MWWL,

  Manager: since 2018

Karen: Did you consider rapid antigen testing?

  Manager: wasn’t at the time there was a korero later in the year or the following year. They just had to be vaccinated.

Karen: The policy said you would consider all the alternatives, so you didn’t do what a fair and reasonable employer could do at the time.

  Manager: (silence)

Karen: You have some responsibility as PCBU to at least look at a safety concern. You have certain obligations under HSWA, even if you don’t agree there’s a problem, there’s a duty to look at the problem and not just dismiss it. Why wasn’t that done?

  Manager: um um. Yeah, I don’t know why it wasn’t done, like I said before, short of calling her every day. I looked at the control pass.

Karen: As a PCBU you have a duty to investigate it, even if you don’t agree with it. You need to look at it.

  Manager: I didn’t know as a PCBU. I didn’t know that.

Karen: but you were concerned about the health and safety of the workers….

  MWWL Lawyer: Asked and answered.

Employment Court finds Ms Preece did raise a personal greivance

Judge Holden overturns Employment Relation Authority decision –

“Accordingly, I find that Ms Preece did raise an unjustifiable disadvantage personal grievance about the adoption of the vaccination policy in her email of 30 January 2022, which was within the requisite 90-day period from the adoption of that policy in December 2021.”