Publican to pay up after employee assaulted over ducklings
Last year, Rowntree was ordered by the Employment Relations Authority to pay former employee Johnny Wright $42,000 compensation and costs of $7500 after a 2018 assault at the Otira Stagecoach Hotel.
The assault resulted in Mr Wright being hospitalised for eight days.
It arose in a disagreement over the care of orphaned ducklings that Rowntree had saved.
He had asked Mr Wright to look after them while he was away. The ducklings were kept in an old freezer.
A jury trial in 2020 found Rowntree banged Mr Wright's head into the top of a freezer and pushed him to the floor.
He successfully appealed that ruling and was found guilty instead of common assault at a judge-alone trial in June 2022 — although he was discharged without conviction.
The alleged assault formed the basis of Mr Wright's claim of constructive dismissal in the Employment Relations Authority.
The authority agreed Mr Wright was unjustifiably dismissed and ordered Rowntree to pay $34,000 in compensation plus $8424 in lost remuneration, $252 for a KiwiSaver contribution and costs of $7500.
Rowntree's appeal said an assault did not take place and while Mr Wright did suffer some injuries at the hotel in November 2018, they resulted from Mr Wright falling while intoxicated.
Employment Court Judge Kerry Smith said it was a difficult argument because Rowntree had been found guilty of the assault by a district court judge.
Initially, he was charged with intent to injure, but the charge was amended to one of common assault and he was found guilty of the amended charge.
For the appeal, Judge Smith said Rowntree had submitted a "significant volume" of material, not filed in advance as per case management direction, including photographs, medical information and a private investigator report.
It was apparent the intent of the appeal was to revisit the decision made by Judge Peter Rollo in June 2022 and to obtain a judgement from the court that there was, in fact, no assault.
The challenge was revisiting old ground to invite a different outcome, Judge Smith said.
"This challenge is an impermissible collateral attack on Judge Rollo's judgement and it is, in that sense, an abuse of process.
"If Mr Rowntree wants to have the judgement reconsidered, then the appropriate way to do that is by some sort of application to the district court, or possibly in the High Court."
He accepted the authority was right to conclude there was a constructive dismissal consequent on Mr Wright having been assaulted at work.
Rowntree's appeal was dismissed and a subsequent decision ordered him to pay Mr Wright's costs of $26,500.
— Greymouth Star
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