George Ngatai, Whanau Ora and the Broughton ERA decision [2023] NZERA 52
George Ngatai has recently been in the news following his resignation as New Zealand First's Papakura candidate. A public Employment Relations Authority determination from 2023 also records him as the director of the respondent company in Mere Broughton v The Whanau Ora Community Clinic Ltd [2023] NZERA 52.
What the ERA records about George Ngatai
At paragraph [5], the determination records that the respondent's director, George Ngatai, and manager Raewyn Bhana attended the investigation meeting. The Authority records that neither gave evidence, although Mr Ngatai spoke by invitation.
At paragraph [10], the Authority records that Mr Ngatai proposed an alternative way of trying to resolve the employment relationship problem. The parties did not agree on how to proceed, and Ms Broughton asked the Authority to continue its investigation and determine the case.
What happened in the Broughton case
Mere Broughton was employed by The Whanau Ora Community Clinic Ltd under an employment agreement containing a probation provision. The Authority found that the probation period expired on 14 June 2022 and had not been extended before its expiry.
Ms Broughton was dismissed on 30 June 2022 after 106 days of employment. The Authority found that the employer had wrongly treated the probation arrangements as continuing and that the dismissal was unjustified.
The Authority also found that the employer had offered no justification for the dismissal and had failed to pay notice and holiday-pay entitlements due on termination.
Case at a glance
- Case: Mere Broughton v The Whanau Ora Community Clinic Ltd
- Citation: [2023] NZERA 52
- Respondent: The Whanau Ora Community Clinic Ltd
- Director recorded at [5]: George Ngatai
- Applicant advocate: Lawrence Anderson
- Outcome: unjustified dismissal established
Orders against the company
- $20,000 compensation
- $12,725.86 reimbursement of lost wages
- $3,907.20 wages in lieu of notice
- $1,007.92 annual holiday pay
- Interest on specified monetary awards
Read the full case analysis
Our detailed case page examines the probation issue, the dismissal findings, the remedies awarded and the practical employment-law lessons from Broughton.
Mere Broughton v TWOCC [2023] NZERA 52
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