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VACCINE CASE: The Employment Court has released its decision of GF v Comptroller of the New Zealand Customs Service
3 July 2023
This was the first case heard in the Employment Relations Authority which related to an employee whose employment was terminated following their choice not to be vaccinated. I was privileged to have represented GF up to, and including, the Employment Relations Authority, when the matter was then referred to Maria Dew KC (and others) for the Employment Court challenge.
I am very pleased to read that GF was successful in their claims at the Employment Court, and has been awarded three months lost wages and a compensatory sum of $25,000. While the Court found that it was likely that the COVID-19 Public Health Response (Vaccinations) Order 2021 likely applied to GF, the process was so fundamentally flawed, that their personal grievances were nonetheless made out.
If you've followed my journey, you'll know that this case brought a significant number of personal challenges. The impact of contentious legal matters go well beyond the court room, and I found myself at the center of public comment and criticism. I frequently received distressing phone calls, threatening emails, and was subject to the full force of the comments section of whichever newspaper was reporting the issue. It wasn't a good time.
I also received unfair treatment from the profession, with commentators stating that GF was poorly advised, that my approach was unhelpful, and that I am a hopeless advocate. Unfortunately, this same bias seeped its way into the Employment Relations Authority determination, who took an equally harsh approach to my representation, and which left me feeling like a failure of a representative.
The pursuit of justice certainly took a toll on my health, and this was a situation that pushed me to the brink of burn out, as I struggled to keep my head above the water. I was frequently at the doctors, and had a short admission to hospital after developing an infection. I was struggling with my mental and physical health, and there were times that I had considered giving up my advocacy. I significantly reduced my hours for a number of months, and really had to reconsider my direction and purpose in life.
I must confess this decision brings me a significant amount of vindication as an advocate. I am pleased that GF had Maria Dew KC's assistance to progress their claims at the Employment Court, and I'm proud of the part that I played in assisting GF's pursuit of justice. While there are learnings for me to take away from this decision, the decision is relatively positive about my representation during those unprecedented times.
Download the decision here: Employment Court
This was the first case heard in the Employment Relations Authority which related to an employee whose employment was terminated following their choice not to be vaccinated. I was privileged to have represented GF up to, and including, the Employment Relations Authority, when the matter was then referred to Maria Dew KC (and others) for the Employment Court challenge.
I am very pleased to read that GF was successful in their claims at the Employment Court, and has been awarded three months lost wages and a compensatory sum of $25,000. While the Court found that it was likely that the COVID-19 Public Health Response (Vaccinations) Order 2021 likely applied to GF, the process was so fundamentally flawed, that their personal grievances were nonetheless made out.
If you've followed my journey, you'll know that this case brought a significant number of personal challenges. The impact of contentious legal matters go well beyond the court room, and I found myself at the center of public comment and criticism. I frequently received distressing phone calls, threatening emails, and was subject to the full force of the comments section of whichever newspaper was reporting the issue. It wasn't a good time.
I also received unfair treatment from the profession, with commentators stating that GF was poorly advised, that my approach was unhelpful, and that I am a hopeless advocate. Unfortunately, this same bias seeped its way into the Employment Relations Authority determination, who took an equally harsh approach to my representation, and which left me feeling like a failure of a representative.
The pursuit of justice certainly took a toll on my health, and this was a situation that pushed me to the brink of burn out, as I struggled to keep my head above the water. I was frequently at the doctors, and had a short admission to hospital after developing an infection. I was struggling with my mental and physical health, and there were times that I had considered giving up my advocacy. I significantly reduced my hours for a number of months, and really had to reconsider my direction and purpose in life.
I must confess this decision brings me a significant amount of vindication as an advocate. I am pleased that GF had Maria Dew KC's assistance to progress their claims at the Employment Court, and I'm proud of the part that I played in assisting GF's pursuit of justice. While there are learnings for me to take away from this decision, the decision is relatively positive about my representation during those unprecedented times.
Download the decision here: Employment Court