Touting his expertise as New Zealand’s leading anti-workplace bullying expert/advocate, employee advocate Allan Halse was described in the Employment Court as himself using intimidation and coercion when acting on behalf of clients. His High Court claims of deceit and fraud against Waikato rest home operator Rangiura Trust Board and its legal advisers was struck out as having no merit and being an abuse of process.
Mr Halse worked as a lay advocate, appearing regularly on behalf of employees in Employment Relations Act mediations with employers. His allegations of deceit and fraud followed a March 2018 mediation which resulted in compensation for a Rangiura employee. The mediation settlement signed by Rangiura and its employee included a ‘non-disparagement’ clause; both sides agreed not to make disparaging or negative comments about the other. Mr Halse also signed.
Seven weeks later, Mr Halse was seeking to act for another Rangiura employee in another employment dispute. Rangiura was not keen to engage with Mr Halse. It wanted an independent investigator. The High Court was told Mr Halse made numerous disparaging comments about the independent investigator, refused to allow his client to participate in this investigation and threatened to publicly malign Rangiura if it did not capitulate to his demands. He followed up with unflattering and abusive social media posts.
Mr Halse refused to take down the posts in the face of advice from Rangiura and its legal advisers that these posts breached the March 2018 mediation with its ‘non-disparagement’ clause that he had signed. Instead, he sued; alleging, amongst other things, that their actions were part of a conspiracy concealing an alleged internal fraud at Rangiura and were part of a scheme to close down his business.
Justice Moore struck out his claims. They were too vague to enable a court hearing to take place, he ruled. The claims were also an abuse of process, seeking to re-litigate claims previously bought unsuccessfully in the Employment Court, he further ruled.
Mr Halse is sole director and shareholder of CultureSafe NZ Ltd. The company is in liquidation following a failure to pay some $67,000 in penalties imposed by the Employment Court. Liquidators’ first report notes some of CultureSafe’s office equipment appears to have been sold to Mr Halse and staff at an undervalue prior to liquidation. This included a mobile phone sold at $50 and a laptop at $100.
Halse v. Rangiura Trust Board – High Court (19.06.23)
23.096