Biffo at Arthur's Pass

On 1 June 2022, the director-owner of Otira Stagecoach Hotel Ltd was in Greymouth District Court charged with assaulting his employee Mr Wright, a cook/duty manager then in his early 60s, on the night of 14 November, 2018.

Following a defended hearing, director Mr Rowntree was found guilty of common assault (but not injuring with intent to injure).  Judge Rollo ordered him to pay reparation of $2,500 to Mr Wright.

But the legal system wasn’t done with Mr Rowntree.  It goes without saying that assaulting an employee, especially in the workplace, would almost certainly cause a total breakdown in the employment relationship.   The technical term for this is a constructive dismissal; the assault put the employee in a position where he had no choice but to resign immediately, and he had strong grounds for a personal grievance claim.

On 19 January 2024 Peter van Keulen, Member of the Employment Relations Authority, ordered Otira Stagecoach Hotel Ltd to pay Mr Wright $50,176 including a $7,500 contribution towards his legal costs.

Otira Stagecoach challenged that to the Employment Court on the grounds that there were grounds for a retrial on the assault charge, and provided evidence in support of that.

But Judge Kerry Smith upheld the Authority’s determination, explaining that:

[23] Judge Rollo considered almost exactly the same evidence now provided to me by Mr Rowntree and Mr Wright. He reached a conclusion that an assault had taken place on the criminal standard of beyond reasonable doubt.

[24] I agree with [Mr Wright’s lawyer Jeremy] Kaye’s submission that this challenge does not traverse new ground, as indicated by Otira Stagecoach’s previous counsel was likely to be the case, but revisits old ground and invites a different outcome. Looked at in that way, this challenge is an impermissible collateral attack on Judge Rollo’s judgment and it is, in that sense, an abuse of process.

Workplace assaults are fortunately rare but can be very bad for business.  That one incident in November 2018 probably cost this business about $100k in compensation, penalties and legal fees, not to mention stress and reputational harm.

Tristam Price, Editor

Fists fly in the field, Employment Relations Authority told (13 September 2024)

Otira publican ordered to pay $42,000 to former employee after assault | The Press (27 January, 2024)

Otira publican charged with assault | Stuff (10 January, 2017)