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Pregnant beauty therapist forced to go on early maternity leave, then to resign, awarded almost $100k

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A beauty therapist’s joy and excitement at discovering she was pregnant were soon replaced by stress and humiliation when her job security came under threat due to her news.

Zelinda Doria’s former employers forced her to go on maternity leave while she was only a few weeks pregnant, and later caused her to resign.

Now, eight years on from the ordeal, Doria has been awarded almost $100,000 in recognition of the way they treated her.

“I couldn’t enjoy being pregnant or being a mum. All I could focus on was how I could afford things,” Doria told NZME.

“I had to sell my car to keep afloat, so I didn’t have any transport for most of my pregnancy.

“I wasn’t able to focus on anything except finding an income.”

In 2017, at the peak of the employment issue, Doria had lodged a claim with the Human Rights Commissioner.

But after the failure of mediation between Doria and her then-employers, Olivia Flowers, formerly Olivia Blakeney-Williams, and her father, Richard Blakeney-Williams, at Diamond Laser Medispa in Taupō, she was forced to resign.

Doria then turned to the Human Rights Review Tribunal (HRRT).

This month, the HRRT issued its ruling on the case, finding against Flowers, Blakeney-Williams, and their now defunct company.

Flowers and Blakeney-Williams no longer own Diamond Laser Medispa. The new owners told NZME they were not aware of the case before the tribunal.

Meanwhile, Doria said she felt vindicated by the ruling.

“The main thing is I didn’t realise how much it had crushed my self-esteem, what they were doing to me.”

Put on early parental leave

According to the HRRT’s decision, Doria had been working at Diamond Laser Medispa for 11 months when, in 2016, she found out she was pregnant.

She told her boss and friend, Flowers.

Two weeks later, Flowers scheduled a meeting with Doria to discuss her “parental leave and employment situation”.

However, matters weren’t discussed as the meeting soured and Doria and her support person were asked to leave the premises.

Soon after, Doria received an email stating she was to start her primary carer leave the following day.

Primary carer leave, commonly known as maternity leave, is government-funded leave for up to six months and can begin up to six weeks before the baby’s due date.

It can only begin earlier if the employer and employee agree, or if the employee is unable to perform their workplace duties.

The email said the business required Doria to start her leave early because of “the overwhelming information regarding the risk of harm to you and/or baby, together with the non-work related activities that you have said are having a detrimental effect on your health and putting your baby at risk”.

It stated Doria had taken time off in the previous three weeks, which she said was due to morning sickness. It also stated the workplace involved many chemicals, and that Doria could not perform the hours required “even at this early stage of your pregnancy”.

A request to cancel the nominated early carer leave and for a work-related risk assessment to be conducted by an independent professional to find a temporary solution was rejected.

Doria had also provided a letter from her midwife stating she was “fit and healthy and completely capable of performing her duties”, notwithstanding the morning sickness, which the midwife described as a common symptom of pregnancy.

The beauty therapist did not apply immediately for paid primary carer leave, as she intended to use it for the period closest to her due date.

As she was still a Diamond Laser Medispa employee, she struggled to obtain help from Work and Income and was limited in what other employment she could pick up.

She requested her holiday pay, but that was refused. Doria was told she would not be paid it unless her employment was terminated or she resigned.

In the end, Doria never received paid parental leave.

When she inquired about applying, she was told she did not meet the criteria due to not having worked enough hours at that point.

Doria then made a complaint to the Human Rights Commissioner, alleging she had been discriminated against by Flowers, Blakeney-Williams and their company.

Despite mediation between the parties, Doria’s complaint couldn’t be resolved, and she resigned and was paid out her holiday pay.

In 2018, Doria filed her claim with the HRRT.

Flowers and Blakeney-Williams applied to strike out the claim on the basis that the tribunal had no jurisdiction to deal with it.

But that was dismissed by the tribunal, a decision that was later upheld by the High Court and the Court of Appeal.

‘She was treated with ongoing hostility and contempt’

Years after hearing the case in 2021, the tribunal has now issued its ruling.

Its decision stated that counsel for Flowers and Blakeney-Williams had claimed Doria was told to go on early parental leave because she was unable to do her job as she was suffering morning sickness.

They claimed it was not due to the pregnancy itself; rather, it was the symptoms of the pregnancy.

But the tribunal rejected the rationale.

“The submission that the symptoms of pregnancy can and were, in this instance, separated out from a pregnancy to justify detrimental treatment overlooks the entire rationale for the protection from discrimination of pregnant women …” the decision stated.

“Ms Doria lost her source of income immediately. She was denied the opportunity to work, despite intending to have worked for the remaining seven months of her pregnancy.”

The tribunal said a decision to ban Doria from the spa’s premises for health reasons was not supported by any medical evidence.

It also said the decision to place her on early leave with “no notice, no consultation, no medical information and no risk report” and to then contact her and remind her of her obligations as an employee and the possibility of being disciplined, all contributed to Doria having to resign.

“We accept that Ms Doria experienced the humiliation of being unable to financially provide for herself during her pregnancy and to prepare for her baby’s arrival; the injury to feelings she experienced, including the stress and distress when she found herself without a job and an inability to experience the joy of pregnancy as she was consumed by trying to obtain sufficient income and challenging her employer’s actions,” the tribunal said.

“We also accept the discrimination she faced as a result of her pregnancy impacted upon her dignity during this vulnerable period of her life. She was treated with ongoing hostility and contempt by the defendants …”

The decision stated that Flowers and Blakeney-Williams had tried to justify their actions at the hearing, referencing the “rude behaviour” of Doria, who swore at Blakeney-Williams.

While the tribunal took that into account, it said it did not, however, entitle her employer to unlawfully discriminate against her. Nor did it disentitle her from a remedy.

Flowers, Blakeney-Williams and their company were ordered to pay Doria $75,000 in damages for humiliation, loss of dignity and injury to feelings, as well as $15,467 for lost wages, and $9303.30 for lost paid parental leave, totalling $99,770.30.

A declaration was also made stating they had discriminated against Doria “on the basis of the prohibited ground of sex, which includes pregnancy and childbirth”.

Doria, whose daughter, Valentina, is now 8, told NZME the whole situation was “bizarre” and that Flowers had been a close friend until she became pregnant.

“I feel like I will never know the real reason why me, particularly, being pregnant, was such an issue for her,” Doria said.

“There were countless times they could have apologised or made things right, but they never have.”

Doria told NZME she wanted to thank her former employers for “lighting a fire inside me that can never be dimmed, this situation forced me to prove to myself that I can overcome anything”.

“I hope Olivia and Richard can come to terms with the reality that you cannot treat people the way that you do.”

Flowers and Blakeney-Williams declined to comment on the ruling.

However, their lawyer said they were considering their options in terms of an appeal.

Source: NZ Herald & RNZ

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Police say person who fired gun at officers still at large

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Police say a person who fired a gun at officers in Napier is still at large.

Eastern District Commander Superintendent Joel Lamb said Police tried to stop a vehicle in the Pirimai Area at about 10pm on Tuesday.

He said someone in the back seat pointed what was presumed to be a firearm at officers pursuing the vehicle.

“Staff have then heard two distinct gunshots as the firearm was discharged.

“Fortunately, neither of our officers were injured, and the patrol vehicle did not sustain any damage.”

He said hours later, the vehicle was seen travelling north on the Waikato Expressway towards Auckland.

Police seized the vehicle at an address in Manurewa, but they had not found the alleged offender.

Lamb said people who lived at the Manurewa address were engaging with Police.

He said Eastern District and Counties Manukau Police were making enquiries.

“Presenting a firearm at a Police officer is a serious escalation that puts our staff and the wider community at risk. This behaviour is entirely unacceptable.

“We are taking this incident extremely seriously and will be pursuing all lines of enquiry to locate the offender and hold them accountable.”

Police asked anyone who witnessed the incident to contact Police on 105 or online using the reference number 261111/3764.

Information could also be provided anonymously via Crime Stoppers on 0800 555 111.

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New Zealand sides named for RLWC finals

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The players tasked with ending Australia’s Rugby League World Cup dominance have been named.

The Kiwis and Kiwi Ferns have announced their squads for this Sunday’s World Cup finals in Brisbane.

Both sides are chasing their first titles since 2008, and both are looking to end their opponents run of three crowns in a row.

“Our Kiwi Ferns have been so dominant in years gone by, and we want to bring dominance back to this jersey, so I think it will be a case of who wants it more,” said co-captain Georgia Hale of the impending clash.

The Kiwis get a major boost for the final as they welcome back Ronaldo Mulitalo after he served a one-match ban for a high tackle against Fiji Bati.

Mulitalo replaces Charnze Nicoll-Klokstad, who moves to the six-man bench, which again includes utility Te Maire Martin, middle forwards Naufahu Whyte, Erin Clark and Xavier Willison plus fullback Keano Kini.

Loose forward Joseph Tapine will make his 30th Test appearance in a familiar pack again, including second-rowers Isaiah Papali’i and Briton Nikora, and props James Fisher-Harris and Moses Leota.

Winger Jamayne Isaako is on the cusp of claiming the New Zealand record for most Test points.

His five goals against Tonga lifted his career points tally to 225 – level with Shaun Johnson – while centre Casey McLean goes into the final with 16 tries in just eight Tests.

Fisher-Harris will again captain the team.

Fullback Ponga said the goal of the group was clear.

“We have high expectations around what we want to achieve, and obviously winning a world Cup is one of them.”

Meanwhile, Ricky Henry has selected a settled side to take on the Jillaroos, led by their lethal centre combination of Stacey Waaka and Mele Hufanga.

Veteran Apii Nicholls takes the number one jersey, Leianne Tufuga and Mackenzie Wiki on the wings.

Henry has stuck with his halves pairing of Chantay Kiria-Ratu and Raecene McGregor with Alexis Tauaneai, Georgia Hale and Otesa Pule up front.

Rounding out the starting pack is Shaniece Monschau, Kaiyah Atai, and Angelina Teakaraanga-Katoa.

“We have been building well throughout the tournament; we understand the Jillaroos side, and will give it our all to make New Zealand proud this weekend,” said Henry.

RLWC Finals:

Kiwi Ferns vs Jillaroos- 6.10pm

Kiwis vs Kangaroos – 9.35pm

Sunday November 15

Suncorp Stadium, Brisbane

Live blog updates on RNZ

Kiwi Ferns:

1. Apii Nicholls 2. Leianne Tufuga 3. Mele Hufanga 4. Stacey Waaka 5. Mackenzie Wiki 6. Chantay Kiria-Ratu 7. Raecene McGregor 8. Alexis Tauaneai 9. Georgia Hale 10. Otesa Pule 11. Shaniece Monschau 12. Kaiyah Atai 13. Angelina Teakaraanga-Katoa.

Interchange: 14. Ashleigh Quinlan 15. Annessa Biddle 16. Shannon Mato 17. Ivana Lauitiiti.

Reserves: 18. Brooke Anderson 19. Zahara Temara 20. Brianna Clark 21. Abigail Roache 22. Tenika Willison.

Kiwis:

1. Kalyn Ponga, 2. Jamayne Isaako, 3. Dane Gagai, 4. Casey McLean, 5. Ronaldo Mulitalo, 6. Kodi Nikorima, 7. Jahrome Hughes, 8. James Fisher-Harris (c), 9. Jeremy Marshall-King, 10. Moses Leota, 11. Isaiah Papali’i, 12. Briton Nikora, 13. Joseph Tapine (v/c).

Interchange: 14. Te Maire Martin, 15. Naufahu Whyte, 16. Erin Clark, 17. Xavier Willison.

Reserves: 18. Keano Kini, 19. Phoenix Crossland, 20. Charnze Nicoll-Klokstad, 21. Scott Sorensen, 22. Leo Thompson.

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Opportunities to mitigate multi-million-dollar RNZ budget blowout likely missed – experts

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Multiple opportunities to identify and mitigate a multi-million-dollar budget blowout at RNZ appear have been missed, according to the former executive director at Audit New Zealand.

The public broadcaster on Monday revealed a near $12 million shock financial loss after a litany of financial blunders, which will now lead to sweeping job cuts.

The $11.8m loss is more than 25 times the $470,000 RNZ had expected to lose over the year to June.

CEO Paul Thompson took responsibility for the result, and said internal reports gave an inaccurate picture of the finances, meaning the scale of the loss only became clear in October.

RNZ’s former chief financial officer Hilary Parker resigned unexpectedly in early October.

The board said it would commission an independent review into what went wrong.

Independent contractor Stephen Walker, who left the Audit Office earlier this year, said the size of the loss was surprising, as was the length of time it took to identify it – months after the financial year ended.

Stephen Walker.
Independent contractor Stephen Walker is a former executive director at Audit New Zealand.

Supplied / OAG

“Probably more of a concern is that they had seemingly been unaware that they were running up a significant deficit until they were in the preparation stage of their annual report in October.”

Walker said public entities typically produced monthly financial reports.

An interim audit also took place before the end of the financial year, he said, but if the organisation hadn’t identified significant losses at that stage, the auditor could also be in the dark.

“It seems that there’s a real weakness in forecasting and budgeting that’s occurred here and that the monthly accounts, when they’re produced, either haven’t identified these significant variances against budget or the magnitude of them really hasn’t come to light until right towards the end of the financial year,” Walker said.

“And really at that point, there’s no opportunity for the chief executive, the leadership team to take, and the board to take, any corrective action because the year has effectively been completed.”

Walker said the “significant miss” was difficult to account for given it was more than 10 percent of RNZ’s total funding.

He said based on RNZ’s annual report, financial complexity didn’t appear to be a factor.

“This $11.8m loss isn’t made up of one particular item … it seems to have been contributed to by a number of separate expense lines running over budget. So I don’t think it’s necessarily to do with complexity.”

Among the errors, RNZ wrongly counted $2m from land sales as income in its budget. Staff costs also came in $3.2m over budget, including $1.4m in redundancy payments.

Professor at Auckland University’s business school Norman Wong said based on media reports the issues identified were “significant and troubling”.

Norman Wong.
Norman Wong.

Supplied / University of Auckland

“But recognising the sale of land as income in their budget is a basic error that one would have expected to have been caught and corrected well before it got to this point.”

With funding reductions at RNZ over the past two years, Walker expected greater scrutiny of financial results.

“Virtually every public entity has had their annual budget reduced. And so you would expect … the leadership team on a monthly basis and board – I’m not sure how frequently the board will consider the information – but you would expect them to be interrogating the results on a regular basis throughout the year,” he said.

Walker said initiating an independent review was the correct course of action and that he’d want to understand what information the leadership team and the board were regularly receiving.

He said he’d “love to say” surprising financial results were rare, but conceded they occured on a semi-frequent basis during his time leading the Audit Office.

“The benefit of independent scrutiny by the Audit Office – and the auditors providing that support to the Auditor General – [is] that the reporting is fairly presented at the end of the year, whether it’s good, bad or ugly.”

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