A youth worker at the Oranga Tamariki youth residence in South Auckland lost her case on appeal after initially being awarded nearly $30,000 for unfair dismissal. The Employment Court ruled that her dismissal was justified due to her use of excessive force during an altercation with a teenager.
The incident occurred in the Nikau unit in March 2021 when the worker, Ioana Hill, pushed a teenager who had called her derogatory names. The teenager was directed to sit at the non-participation table after a disagreement over a missing pen. However, he continued to insult Hill as he walked towards the table, causing her to feel embarrassed and humiliated.
Hill approached the teenager, who was aggressively repeating offensive comments, and fearing for her safety, she used a technique called the train stop to push him backward. The altercation escalated, leading to Hill pushing the teenager again, causing him to fall onto a chair.
After reviewing CCTV footage showing Hill’s hand around the teenager’s neck in a choking motion, Oranga Tamariki conducted an investigation and dismissed her for serious misconduct. The Employment Relations Authority initially found that Hill was unjustifiably dismissed and awarded her compensation, but the Employment Court overturned this decision on appeal.
Judge Merepaia King ruled that Hill’s use of force was excessive and not justified as the teenager did not pose a threat to her safety or others. While acknowledging that Hill acted in self-defence, Judge King criticized the inadequate investigation conducted by Oranga Tamariki and highlighted flaws in their procedures.
Despite the court’s decision, Hill expressed her commitment to standing up for what is right, stating that she would rather pursue justice than walk away quietly. Oranga Tamariki emphasized its focus on the safety of children and ensuring that force is only used in limited and appropriate circumstances.
The previous compensation awarded to Hill has been set aside, and the court’s decision on the matter has been welcomed by Oranga Tamariki.
– Shannon Pitman, Open Justice reporter
