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Inside the history of employment disputes of stood-down Green MP's husband

Author
Raphael Franks,
Publish Date
Thu, 21 Mar 2024, 7:13am

Inside the history of employment disputes of stood-down Green MP's husband

Author
Raphael Franks,
Publish Date
Thu, 21 Mar 2024, 7:13am

The husband of听a stood-down Green MP, who is听embroiled in an employment dispute with a migrant claiming he was exploited, is tied to a history of Employment Relations Authority (ERA) battles involving companies he runs.听

MP Darleen Tana was suspended last Thursday amid allegations she was linked to the claimed exploitation听at her husband Christian Hoff-Nielsen鈥檚 bicycle company. Green Party leaders said the allegations raised a conflict of interest with Tana鈥檚 small business portfolio.

Hoff-Nielsen denied all the exploitation allegations at the time and told the听Herald,鈥渢his is not a news story, there is no news鈥.

Today, he again addressed past instances where he was found by the ERA to have never paid an employee and fired another 鈥渙n the spot鈥, resulting in his companies having to pay tens of thousands of dollars in compensation and unpaid wages to the two men.

One of the successful complainants told the ERA Hoff-Nielsen was 鈥渄ifficult to work with鈥 and maintained a 鈥渄ysfunctional employment relationship鈥.

Stood-down Green MP Darleen Tana Hoff-Nielsen. Photo / Jason OxenhamStood-down Green MP Darleen Tana Hoff-Nielsen. Photo / Jason Oxenham

Tana's husband, Christian Hoff-Nielsen. Photo / Jason OxenhamTana's husband, Christian Hoff-Nielsen. Photo / Jason Oxenham

Hoff-Nielsen told the听Herald听these past cases 鈥渟hould not be related鈥 to his ongoing dispute with Santiago Latour Palma.

He continued to dispute the ERA鈥檚 past decisions against his businesses and said he believed those cases had made him 鈥渆asy prey鈥 for other potentially disgruntled employees.

He also believed Palma鈥檚 complaint and all subsequent media coverage were due to his wife鈥檚 position as a member of Parliament.

Hoff-Nielsen fires man 鈥榦n the spot鈥, is accused of being 鈥榙ifficult to work for鈥

The first ERA determination was on September 15 last year, when an employee raised a personal grievance saying he was 鈥渇ired on the spot鈥 from E Cycles NZ Ltd without warning on June 4.

The employee, Nick Scott, was called into a meeting with Hoff-Nielsen about issues at work.

The ERA鈥檚 decision read: 鈥淸Scott] had formed a strong view within his first few weeks of work that the workplace was not well-organised and he found Mr Hoff-Nielsen difficult to work for,鈥 ERA decision said.

鈥淸Scott] saw [it] as a dysfunctional employment relationship.鈥

Hoff-Nielsen arrives at his e-bike shop in Newmarket, where he was questioned about an ongoing migrant exploitation accusation. Photo / Jason OxenhamHoff-Nielsen arrives at his e-bike shop in Newmarket, where he was questioned about an ongoing migrant exploitation accusation. Photo / Jason Oxenham

Scott said the meeting about work issues was heated and recalled Hoff-Nielsen telling him to 鈥渏ust finish the day and then you鈥檙e done鈥.

Hoff-Nielsen contested that he had fired Scott, instead telling the ERA he thought Scott had resigned by 鈥渁bandoning the workplace鈥 after the discussion.

The ERA, however, accepted Scott had been fired. The ERA said while Hoff-Nielsen was entitled to raise concerns with Scott about the performance of his duties, he acted unfairly.

鈥淸The] defect in the process Mr Hoff-Nielsen followed was more than minor and resulted in Mr Scott being treated unfairly,鈥 the decision read.

Hoff-Nielsen says these past ERA cases 'should not be related' to his ongoing dispute with Santiago Latour Palma. Photo / Jason OxenhamHoff-Nielsen says these past ERA cases 'should not be related' to his ongoing dispute with Santiago Latour Palma. Photo / Jason Oxenham

The ERA said a reasonable employer could not have 鈥渃alled it quits鈥 without giving its employee time to address any concerns and having the employer genuinely consider them.

For the unjustified dismissal, the ERA ordered E Cycles NZ Ltd to pay Scott almost $23,000 to settle his personal grievance. This involved $7962.50 for lost wages and $15,000 compensation for humiliation, loss of dignity, and injury to feelings.

Scott told the听Herald: 鈥淚 just want to move on and put all this behind me and move forward. All I wanted was to work, earn money and do something I enjoyed, and all of that went out the window.鈥

Scott鈥檚 lawyer Alex Kersjes said he had attempted to come to an agreement with Hoff-Nielsen to pay the ordered costs.

Hoff-Nielsen claims Scott鈥檚 case a 鈥榤iscarriage of justice鈥

E Cycles NZ then tried reopening the case with the ERA, claiming its earlier determination in favour of Scott had been a 鈥渕iscarriage of justice鈥.

The company and Hoff-Nielsen said it had difficulties preparing for the authority鈥檚 investigation and providing evidence.

The company complained about Hoff-Nielsen not being involved in a case management conference as part of the ERA鈥檚 investigation into Scott鈥檚 claims.

However, Hoff-Nielsen earlier said he did not want to participate, the ERA said.

The ERA said Hoff-Nielsen also used his contact with a Covid-19 infected person as an excuse to get out of one investigation meeting and that 鈥淢r Hoff-Nilesen was taken at his word鈥.

A postponed meeting was pushed back further as Hoff-Nielsen said he would be in another ERA investigation meeting for his company in Blenheim.

The ERA, however, said this was untrue: 鈥淭here were not two Authority meetings scheduled on the same day. One was notified for Blenheim on January 26, one in Auckland was notified for January 27.鈥

The ERA declined E Cycles NZ鈥檚 application to reopen the case.

Hoff-Nielsen continues to dispute the ERA鈥檚 past decisions and says he believes they had made him 'easy prey' for other potentially disgruntled employees. Photo / Jason OxenhamHoff-Nielsen continues to dispute the ERA鈥檚 past decisions and says he believes they had made him 'easy prey' for other potentially disgruntled employees. Photo / Jason Oxenham

鈥淸E Cycles NZ] had not established a real or substantial risk of a miscarriage of justice that would have warranted granting its application for reopening,鈥 its decision said.

鈥淩ather, as submitted for Mr Scott, [E Cycles NZ] application appeared to be a 鈥榖ack door鈥 attempt by an unsuccessful party to seek to re-argue its case when it had already had a reasonable opportunity to do so in the Authority investigation.

鈥淲eighed in this case, the balance favoured Mr Scott having certainty of outcome and receiving the fruit of his success from that process.鈥

Second employment complaint deals with Hoff-Nielsen鈥檚 company leaving employee unpaid

Around the same time Hoff-Nielsen鈥檚 E Cycles Ltd was embroiled in the issue with Scott, another of his companies, Green Wheels Blenheim Ltd, was in front of the ERA for not paying employee Chuck Simpson.

Simpson said he hadn鈥檛 been paid for work with Green Wheels Blenheim Ltd.

Hoff-Nielsen said this was because the company had not employed him, but had put him on a 鈥減eriod of due diligence鈥 where Simpson would learn about the business ahead of potentially buying it.

The ERA concluded Simpson was working for an employer 鈥渋n the accepted sense鈥 and the owed wages he had claimed were due.

The ERA ordered Hoff-Nielsen to pay Simpson more than $6000, less income taxes.

Raphael Franks is an Auckland-based reporter who covers breaking news. He joined the听Herald听as a Te Rito cadet in 2022.

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