The Gisborne RSA has been caught out not paying compensation to an ex-employee who won a personal grievance case. Last year, Janette Chesnutt took Gisborne RSA to the Employment Relations Authority (ERA) following a botched disciplinary process.The ERA awarded in her favour in October, ordering Gisborne RSA to pay $3026 for wage reimbursements, and $6000 as compensation for humiliation and loss of dignity. The RSA had 28 days to pay.But the RSA did not cough up, causing the ERA again to order the association pay Chesnutt. In a decision released on Wednesday, the ERA told the association it needed to pay, even though they are planning to appeal the original decision. "The determination of the Authority issued 5 October 2016 found for Ms Chesnutt and made monetary orders in her favour which were due to be paid within 28 days of the determination," the decision read. "Those sums have not been paid ... Gisborne RSA is to pay to Ms Chesnutt the following sums within 14 days of this determination."President of the Gisborne RSA Ben Tahata said on Thursday the money hadn't been paid because an appeal had been lodged in the Employment Court by the RSA. "The intention of the RSA is to continue to file an objection to the whole ERA decision, and that is in the process," he said. "The decision to the new application is still to be heard, so we will not be paying." Chesnutt's advocate, Michelle England, said Tahata was wrong, and had been told so numerous times by the court. "The rules state a challenge does not operate as a stay. We will be taking further action in the courts to enforce further payments if the RSA doesn't pay." Chesnutt's complaint in the original ERA decision were based around how Tahata had treated her, and the concerns he raised about the way she worked. Tahata had accused Chesnutt of stealing, being hungover at work, and removing an ex-employee's bar manager certificate from the wall. When Chesnutt took sick leave due to the stress caused by the work environment, Tahata refused to pay her. A letter delivered by Tahata to Chesnutt said the medical certificate for her sick leave was "deemed invalid" by the RSA, and she could not return to work unless various conditions were met. These included demonstrating "respect for governance and management". Chesnutt was also banned from returning to work, her hours reduced and her job advertised in the local paper while she was still in the role.Source: http://www.stuff.co.nz/business/91008433/gisborne-returned-services-asso...Do you want to be a member? Sign Up
