Cost of PG
Jean Roberts made this Official Information request to Oranga Tamariki—Ministry for Children
The request was partially successful.
From: Jean Roberts
Dear Oranga Tamariki—Ministry for Children,
I am doing a research on the cost of Personal grievance that the Government is incurring in the last 3 years. Can I request under the Official Information Act
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)
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
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?
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?
9- (in the last 3 years) How many ERA cases resulted in reinstatement of employee broken down by year?
10- If a case is found against the Ministry (the Ministry lost), what are the consequences to the Manager involved in the incident?
I await your response within 20 working days of the receipt of this request. Thank you.
Yours faithfully,
Jean
From: OIA_Requests (OT)
IN-CONFIDENCE
Tēnā koe Jean,
I am writing to acknowledge receipt of your request for information under
the Official Information Act 1982.
We will endeavour to respond to you as soon as possible, and in any case,
no later than 17^th November 2023, being 20 working days from our receipt
of your request on 20^th October 2023, as provided for under the Act.
If we are unable to respond to your request within those 20 working days,
we will notify you of an extension to that timeframe.
Nāku noa, nā
Ministerial Support
PO Box 546, Wellington 6140
* E: [1]OIA [email address]
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From: OIA_Requests (OT)
Kia ora Jean
Thank you for your request for information around personal grievances
costs. Can I please ask for some clarification of the following questions:
For questions 2 and 3, can we please clarify that this is exclusive to
MBIE mediations? Oranga Tamariki undertakes a variety of different types
of mediations, including informal mediations which are generally not
recorded.
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
Can we also request some clarification for question 6 around monies paid
as there are all kinds of reparations that might be made as part of a
settlement. Can we please confirm if this is for Section 123 payments
only?
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?
Section 123 of the Employment Relations Act 2000 sets out remedies in
relation to personal grievances. This includes section 123(1)(c)(i) which
provides for payments made in compensation of humiliation, loss of
dignity, and injury to the employee's feelings (which we commonly refer to
as hurt and humiliation or H&H). These payments do not attract tax as they
are not considered income under the Social Security Act 2018.
Happy to contact you to discuss this request if that would be helpful?
Nâku noa, nâ
Karen
Ministerial Support
PO Box 546, Wellington 6140
* E: [1]OIA [email address]
show quoted sections
From: OIA_Requests (OT)
Kia ora Jean
I’m following up on the email I sent on Wednesday 25 October requesting
clarification around questions 2 and 3, and question 6.
As per the email below can we please have clarification of the following
questions:
For questions 2 and 3, can we please clarify that this is exclusive to
MBIE mediations? Oranga Tamariki undertakes a variety of different types
of mediations, including informal mediations which are generally not
recorded.
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
Can we also request some clarification for question 6 around monies paid
as there are all kinds of reparations that might be made as part of a
settlement. Can we please confirm if this is for Section 123 payments
only?
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?
Section 123 of the Employment Relations Act 2000 sets out remedies in
relation to personal grievances. This includes section 123(1)(c)(i) which
provides for payments made in compensation of humiliation, loss of
dignity, and injury to the employee's feelings (which we commonly refer to
as hurt and humiliation or H&H). These payments do not attract tax as they
are not considered income under the Social Security Act 2018.
If you are able to provide us with some details regarding the request you
are referring to, then we will hopefully be able to assist you and provide
the information you are seeking.
Please note, we require a response from you by Monday 6 November 2023 to
allow us time to get a response prepared in the OIA time frame. If we do
not receive a clarification response this request may result in a refusal.
Nâku noa, nâ
Karen
Ministerial Support
PO Box 546, Wellington 6140
* E: [1]OIA [email address]
From: OIA_Requests (OT)
Sent: Wednesday, October 25, 2023 3:13 PM
To: Jean Roberts <[FOI #24478 email]>
Subject: Official Information request - Cost of PG
Kia ora Jean
Thank you for your request for information around personal grievances
costs. Can I please ask for some clarification of the following questions:
For questions 2 and 3, can we please clarify that this is exclusive to
MBIE mediations? Oranga Tamariki undertakes a variety of different types
of mediations, including informal mediations which are generally not
recorded.
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
Can we also request some clarification for question 6 around monies paid
as there are all kinds of reparations that might be made as part of a
settlement. Can we please confirm if this is for Section 123 payments
only?
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?
Section 123 of the Employment Relations Act 2000 sets out remedies in
relation to personal grievances. This includes section 123(1)(c)(i) which
provides for payments made in compensation of humiliation, loss of
dignity, and injury to the employee's feelings (which we commonly refer to
as hurt and humiliation or H&H). These payments do not attract tax as they
are not considered income under the Social Security Act 2018.
Happy to contact you to discuss this request if that would be helpful?
Nâku noa, nâ
Karen
Ministerial Support
PO Box 546, Wellington 6140
* E: [2]OIA [email address]
show quoted sections
From: OIA_Requests (OT)
Tçnâ koe Ms Roberts
Please find attached correspondence about your requests.
Nâku noa, nâ
Ministerial Support
PO Box 546, Wellington 6140
* E: [1]OIA [email address]
show quoted sections
From: OIA_Requests (OT)
Tçnâ koe Jean
Please find attached the response to your request.
Nâku noa, nâ
Ministerial Support
PO Box 546, Wellington 6140
* E: [1]OIA [email address]
show quoted sections
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