Blair King’s resignation: Far North council and CEO take responsibility, ERA rules

This tension increased after a disagreement over Tepania’s request for a strategic advisor, which King refused.

King and Tepania’s relationship came to a head during their meeting on November 3, 2022 in Kaikohe. The discussions became heated and the king accused Tepania of asking him to resign, which the council disputed.

King maintained that Tepania’s suggestion to “just leave” meant he would be fired, while Tepania and other councilors argued that no formal resignation was offered at the meeting.

After the Kaikohe meeting, the council held a confidential meeting where it discussed King’s potential resignation.

King told the Office of Labor Relations that he felt isolated and filed a personal grievance on November 25, 2022, citing undue disadvantage.

He alleged that he was excluded from making key decisions and when he requested notes and information from a confidential meeting, he said he was “terrified”.

The Council agreed to mediation, but the mediation was postponed for various reasons, including the impact of Cyclone Gabrielle.

King argued that he was constructively dismissed because of the board’s actions and also alleged several instances of undue disadvantage, claiming that the board’s conduct created a toxic work environment that led to his resignation.

The council rejected King’s claims and filed a counterclaim, alleging that he breached his good faith obligations by failing to cooperate reasonably with the council.

In the council’s response to King’s complaint, King stated that he was suffering from stress and provided a medical certificate.

On February 23, 2023, King formally resigned and announced that he would take one month’s sick leave until his three-month notice on May 10, but in the meantime, issues arose regarding his leave entitlement.

While he was on sick leave, photos emerged of King volunteering for the New Zealand Search and Rescue Task Force during Cyclone Gabrielle. The board questioned King regarding his involvement while on sick leave but did not pursue the matter further.

When he requested further medical leave, the FNDC refused, which King argued was an unjustified disadvantage.

An ERA hearing was held in April and executive member Alex Leulu revealed problems on both sides with the decisions.

The ERA found that the council’s decision not to pay King further sick leave was reasonable because the council had to ensure that taxpayers’ money was spent wisely.

King’s breach of good faith claim failed as the ERA found that the decision not to contact King at the council meeting was a decision made by a newly formed council that wanted to do the right thing.

“This was not a deliberate attempt to undermine Mr. King. For this reason, Mr. King’s allegations of infringement are dismissed,” Leulu said in the decision.

The ERA found that the council’s breach of good faith claim against King was also unsuccessful and that King’s actions reflected the strained relationship between him and the newly formed council.

However, ERA sided with King and found that although he did not formally resign at the Kaikohe meeting, he had suffered an undue disadvantage.

Authorities also found the council failed to engage with King after the meeting left him in a state of uncertainty and was unjustified.

Leulu said the lack of communication caused concern for the king, especially since decisions were made without his input, even though his role was central to the council’s operations.

“Given the seriousness of the allegations related to what occurred at the Kaikohe meeting and the main topic of the meeting was Mr. King’s resignation, Mr. King’s resignation should have been reasonably foreseeable. For these reasons, Mr. King was constructively dismissed by the board,” the decision reads.

A representative from the mayor’s office said the council respects the government’s process but is considering options, including filing an appeal, and has no further comment at this time.

King was contacted for comment but had nothing further to add.

Remedies have been reserved for release at a later date.

Findings of Unjust Disadvantage: :

Kaikohe meeting: The king did not formally resign during a heated meeting with Mayor Tepania. The council’s actions after the meeting were considered unwise, which caused the king’s concern.

“Spiritual” allegations.: The council’s decision not to engage with King after the Kaikohe meeting was deemed unjustified.

Request for information: The council’s delayed response to King’s request for information was reasonable under the Privacy Act 2020.

Sick leave: The council’s actions regarding King’s sick leave and request for additional leave were found to be reasonable.

Constructive dismissal: The Board’s delay in resolving King’s personal complaint and postponing mediation contributed to his concern. The council’s actions were found to have caused serious damage to trust in the employment relationship, leading to the king’s resignation.

Breach of good faith: The council’s actions after the Kaikohe meeting were not a deliberate attempt to weaken the king’s position. King’s breach of good faith claims were dismissed.

Council counterclaim: The Board’s claims that King breached his duty of good faith were dismissed.

Shannon Pitman is a Whangārei-based Open Justice reporter covering courts in the Te Tai Tokerau region. She is from Ngāpuhi/Ngāti Pūkenga and has worked in digital media for the last five years. She joined NZME in 2023.