'TVNZ is the successful party in this preliminary jurisdiction issue,' ERA rules
The Employment Relations Authority (ERA) has sided with Television New Zealand (TVNZ) in a dispute with former "Breakfast" host Kamahl Santamaria, determining that a settlement agreement signed by both parties in 2022 precludes Santamaria from pursuing new claims against the broadcaster.
The dispute arose after Santamaria resigned from his position at TVNZ in May 2022, following an internal investigation.
The resignation attracted significant media attention, and Santamaria later filed multiple claims alleging that TVNZ had breached the terms of their Record of Settlement (RoS), which was intended to resolve all issues arising from his employment.
Background of TVNZ dispute
Santamaria, a well-known public figure and senior journalist, was stood down from his role at TVNZ in May 2022. His resignation was publicly reported shortly after, leading to widespread media coverage.
In response, the parties entered into a RoS, which was certified by a mediator in June 2022. The RoS outlined a "full and final settlement" of all claims arising from Santamaria's employment with TVNZ, including its termination.
However, nearly 18 months later, Santamaria filed new claims with the ERA alleging that his former employer had violated the RoS by mishandling media coverage regarding his resignation and breaching its confidentiality provisions.
Santamaria's team argued that the RoS did not cover these new claims, as they arose after the agreement had been signed.
ERA's decision
But ERA sided with TVNZ, determining that the RoS had been intended to comprehensively settle all matters between the parties, including potential future claims.
The ERA highlighted the clear language of Clause 11 of the RoS, which stated that it was a "full and final settlement of all claims either party may have" arising from Santamaria's employment and its cessation.
"The parties clearly objectively intended to ensure there would be no subsequent litigation between them arising out of the employment relationship or the ending of it," the ERA said in the ruling.
It also noted that both parties were aware that media attention would continue following Santamaria's resignation, and that the RoS specifically addressed how media queries would be managed.
TVNZ argued that it had adhered to the agreed media communication strategy, and the ERA found no evidence to suggest that TVNZ had violated the settlement.
"TVNZ is the successful party in this preliminary jurisdiction issue. The Authority has power to award costs to a successful party under clause 15 of Schedule 2 of the Employment Relations Act, as a contribution towards the actual costs incurred by that party," the ERA added.
Santamaria to appeal
In a statement, Santamaria said he will be appealing against the ERA's decision.
"To be clear, the ERA was considering a preliminary matter only, as to whether it had jurisdiction to hear two of my nine claims against TVNZ," he said on his website.
"This was a procedural matter, and in its determination, the ERA decided that it didn't have jurisdiction to hear those two claims. It did not rule on the substance of the claims themselves."