Oranga Tamariki has been forced to pay a youth worker $100,000 and reinstate his job at Rolleston’s Te Puna Wai Youth Justice Residence.

Stephen Baillie was dismissed in September 2021 after a 5-month disciplinary investigation which concluded that “he had behaved aggressively towards a young person including unnecessarily restraining the young person.”

In upholding Baillie’s claim, (which was an appeal from the Employment Relations Authority that originally dismissed Baillie’s claim) Judge Kerry Smith said there was no justification for the dismissal.

Oranga Tamariki said Baillie fell below the standard required of him, but the judge disagreed.

Further in rejecting Oranga Tamariki’s argument that the remedies should be reduced due to Baillie’s “blameworthy conduct”, the Judge again disagreed – “The circumstances in which Mr Baillie was subjected to a disciplinary process and dismissal do not involve a departure by him of expected standards or his training”.

 The decision was welcomed by Janice Gemmell of the National Union of Public Employees (NUPE), the union that supported Mr Baillie to take his claim to the Employment Court (twice) and the Employment Relations Authority.

“15 months later after extensive litigation, the wrong has been undone, sadly at significant personal cost to Steve and his family and the likely cost of nearly half a million dollars to the taxpayer once all bills are paid.”

Baillie’s barrister, Andrew McKenzie reaffirmed his client’s relief at the judgment and his even stronger motivation to return to the job that he lovedand did well

“The thorough and careful judgment allows him to return with his head held high”