1 March 2024
Jean Roberts
[FYI request #25031 email]
Dear Ms Roberts
Thank you for your request of 5 December 2024 to Kāinga Ora – Homes and
Communities, for information about personal grievances under the Of icial Information Act
1982 (the Act).
On 24 January 2024 we wrote to you to advise that the timeframe for responding to your
request was extended by 20 working days under section 15A(1)(b) of the Act as
“
consultations necessary to make a decision on the request are such that a proper
response to the request cannot reasonably be made within the original time limit.” I
apologise for the delay in my reply.
I have responded to your individual questions below.
1- The number of Personal Grievances raised in your Ministry, in the last 3 years
broken down by year, and categories (for example: Bullying, Unjustifiably
disadvantaged, constructive dismissal etc)
The below table shows the number of personal grievances raised over the past three
financial years.
Category
2020/21
2021/22
2022/23
Unjustified
5 (alleged)
9 (alleged)
8 (alleged)
disadvantage
Constructive dismissal
0
1 (alleged)
1 (alleged)
Bullying
2 (alleged)
2 (alleged)
0
2- (in the last 3 years) The number of Mediation that took place broken down by
year
3- (in the last 3 years) The number of successful mediation broken down by year
The below table shows the number of mediations that took place through the Ministry of
Business Innovation and Employment (MBIE) over the past three financial years. All but
one of the MBIE mediations were resolved.
Year
Mediations
2020/21
2 resolved
1 unresolved
2021/22
6 resolved
2022/23
6 resolved
4- (in the last 3 years) Of the PGs raised, how many went to Employment Relations
Authority broken down by year?
5- (in the last 3 years) How many cases were found against the Ministry broken
down by year?
6- (in the last 3 years) How much money – in total- were paid to settle these cases /
or pay the fee required by ERA broken down by year?
7- How much money was covered by the Ministry’s liability insurance?
No personal grievances went to the Employment Relations Authority over the past three
financial years.
8- (in the last 3 years) How much money – in total – were paid to external Legal
consultants to defend the cases filed in ERA or to prepare the responses to the
case broken down by year?
Legal consultants were engaged for preparation of two cases filed with the Employment
Relations Authority, at a cost of approximately $9,000 (approximately $4,500 per case).
These took place in 2021/22 and 2022/23. However, both cases were withdrawn and
resolved through mediation.
9- (in the last 3 years) How many ERA cases resulted in reinstatement of employee
broken down by year?
No cases went to the Employment Relations Authority over the past three financial years.
10- If a case is found against the Ministry (the Ministry lost), what are the
consequences to the Manager involved in the incident?
This would be considered on a case-by-case basis and would be subject to a review of
the individual circumstances.
You have the right to seek an investigation and review by the Ombudsman of this
response. Information about how to make a complaint is available at
www.ombudsman.parliament.nz or Freephone 0800 802 602.
Please note that Kāinga Ora proactively releases our responses to official information
requests where possible. Our response to your request may be published at
https:/ kaingaora.govt.nz/publications/official-information-requests/ with your personal
information removed.
Yours sincerely
pp
Rachel Kelly
Manager Government Relations