Makena Houston died in August midway through a workplace dispute. She has succeeded posthumously in getting justice, with a decision by the Employment Relations Authority ordering compensation, backpay and penalties. Photo \/ Tracey Richardson.<\/p>\n
\u201cShe generally avoided conflict and would walk away from arguments,\u201d Richardson told NZME.<\/p>\n
This month, Houston<\/a> has succeeded posthumously in getting justice.<\/p>\n The Employment Relations Authority <\/a>(ERA) has ordered Auckland public relations firm Lily & Louis Limited to pay $24,287 in compensation, penalties and back pay, most of which goes to Houston\u2019s estate, and a portion to the Crown.<\/p>\n ERA asked to continue case after Houston\u2019s death<\/p>\n Partway through its investigation process this year, fraught by delays linked to health challenges suffered by the PR firm\u2019s sole director and chief executive, Jacqui Ansin, employment advocate Dave Cain advised the ERA Houston had died.<\/p>\n He asked that the matter continue with Richardson acting as legal personal representative, and he as representative.<\/p>\n Richardson said even as her daughter was on her deathbed after emergency surgery for complications linked to her organ transplants, she begged that the fight be seen through to the end.<\/p>\n \u201cTwo days before she died, when it was clear that she wasn\u2019t going to survive and she had moved to a hospice, she said to me, \u2018Could you please get hold of Dave and find out what happens when I die?\u2019\u201d<\/p>\n Richardson told NZME her daughter\u2019s death was expected, but it hadn\u2019t been imminent.<\/p>\n \u201cSomeone who\u2019s born with cystic fibrosis and who\u2019s a double lung transplant and a kidney transplant recipient always has a shortened life expectancy,\u201d she explained.<\/p>\n Arduous health journey<\/p>\n Houston told NZME in 2019<\/a> about the arduous journey of recovery from a double-lung transplant, and her hopes for the future.<\/p>\n Since then, she gained a Degree in Communications, majoring in public relations, spent time in Australia<\/a> and lived life to the full.<\/p>\n \u201cShe loved the stage. She loved to sing. She loved musical theatre. She did several shows in New Zealand before leaving for Australia.\u201d<\/p>\n She also loved the sun, beaches and boats, but the most important thing in her life was her friends.<\/p>\n \u201cShe had a really huge friend group, and she was very social,\u201d Richardson said.<\/p>\n In a decision released this month, ERA member Helen van Druten said an aggravating factor leading to her findings was that Houston was managing life-threatening medical issues at the time, and Ansin, the firm\u2019s CEO, knew this.<\/p>\n Lily & Louis where she wanted to be<\/p>\n Houston was living in Auckland<\/a> and was approached by Ansin about a work opportunity in late 2023.<\/p>\n She had previously worked there and enjoyed it, the ERA said.<\/p>\n Richardson said she worked for Ansin as an intern while studying.<\/p>\n \u201cLily & Louis was definitely a place where she wanted to work, and she did really admire Jacqui.\u201d<\/p>\n Houston signed back on in May 2024 as a part-time salaried senior publicist, on the understanding she planned to return to Australia in September.<\/p>\n Richardson said it seemed an ideal situation, including that Houston was able to work remotely from home because of her health challenges.<\/p>\n However, in the nine weeks she worked before resigning, she wasn\u2019t paid, despite repeated requests, until the day before an investigation meeting was scheduled.<\/p>\n It was then that an arbitrary $3663 \u201ccuriously\u201d appeared in her bank account, van Druten said.<\/p>\n Ansin denied failures; tried to help<\/p>\n Ansin denied she had failed to pay. She had genuinely wanted to, but said she was placed in an \u201cimpossible position\u201d through Houston\u2019s request for payment by Prezzy card (prepaid gift card).<\/p>\n Houston denied that she insisted on the payment form, but later agreed to it as a way to get paid.<\/p>\n Ansin told the ERA that because Houston was receiving Work and Income<\/a> payments at the time, it amounted to potential benefit fraud, so she was justified in withholding wage payments.<\/p>\n Van Druten said it was up to Work and Income to investigate benefit eligibility, and that did not allow an employer to withhold wages due.<\/p>\n Richardson said Houston never hid the fact that she was receiving assistance, but so too were people allowed to earn while on a benefit.<\/p>\n Van Druten rejected Ansin\u2019s argument over the Prezzy card. She said Houston had provided her bank payment details on the first day of employment, and at any time, Ansin was able to pay Houston through usual payroll channels and direct bank payment.<\/p>\n No employment agreement<\/p>\n When Houston started in May, there were verbal discussions about hours of work and pay but no employment agreement was signed by the parties, van Druten said.<\/p>\n When Houston resigned on July 17, Ansin replied by asking her to return a laptop computer \u201cimmediately\u201d and threatened to \u201creport her to IRD\u201d for asking for payment by a Prezzy card.<\/p>\n Van Druten referenced the \u201cinherent inequality of power\u201d in the relationship, enhanced by Ansin\u2019s connections with the media<\/a>. <\/p>\n She said Ansin demonstrated her willingness to exercise that power in a text to Houston on April 29 and a \u201cpointed email\u201d on May 15, saying she would \u201cadvise the newspapers about the serious misconduct of [Houston].\u201d<\/p>\n Houston raised a personal grievance soon after quitting, with a claim for unpaid wages and other entitlements from May 13 to July 12, being 108 hours worked, plus interest.<\/p>\n Houston also said she was given false assurances that payment was coming.<\/p>\n In an email sent on July 15, she offered to send an invoice for the hours worked because she was desperate to be paid, van Druten said.<\/p>\n Impact \u2018evident\u2019<\/p>\n She said the impact on Houston was evident in communication asking Ansin to honour the agreement they had.<\/p>\n \u201cI am very stressed and sickened by the week-on-week, continual stalling of this matter. Not to mention my own unpaid bills that are weighing on me,\u201d Houston wrote.<\/p>\n Richardson described the drastic change in Houston\u2019s mood and behaviour to the extent that she needed psychological support.<\/p>\n \u201cAt one point, she just wanted to give up and walk away from the whole thing, but then her principled self wouldn\u2019t allow her to do that.\u201d<\/p>\n Van Druten said the emotional impact on mother and daughter was evident during her questioning of them both.<\/p>\n She also noted Houston was not well during the investigation meeting, and her subsequent death had made the investigation \u201cmost challenging\u201d.<\/p>\n Richardson said the stress certainly took a toll.<\/p>\n \u201cI wouldn\u2019t say that it created a spiral to the end, but … she just didn\u2019t need that s**t as well as everything else that she was dealing with.<\/p>\n \u201cIt was avoidable.\u201d<\/p>\n Meetings adjourned; Ansin alleges poor health<\/p>\n After Houston had raised her grievance with the authority, an investigation meeting that began on July 9 was adjourned that afternoon for health reasons related to Ansin.<\/p>\n It was to have resumed on August 20, but medical information required from Ansin was not received despite efforts from counsel to get it.<\/p>\n The investigation meeting was adjourned again to consider an application for an indefinite stay of proceedings, which the ERA declined after assessing the information it was provided, plus feedback from Houston.<\/p>\n A further call was set down with the parties on August 26.<\/p>\n Houston died on August 27.<\/p>\n On September 2, counsel for the PR firm and for Ansin withdrew and advised that Ansin would represent herself.<\/p>\n Lily & Louis claimed Houston was not dismissed, but chose to resign.<\/p>\n Van Druten said that was correct in law, except where an employer\u2019s behaviour or other actions placed an employee in a position where they felt they had no choice but to resign.<\/p>\n In establishing a causal link that led to Houston\u2019s resignation, van Druten said the breach of duty by Ansin was sufficiently serious.<\/p>\n She said Ansin\u2019s conduct was \u201cmore than inconsiderate\u201d and could not be explained as the actions of a forgetful manager; instead it was \u201cactively misleading\u201d.<\/p>\n Van Druten said Ansin\u2019s responses to Houston\u2019s queries were dismissive and contained actively false, written assurances that payment was being sorted, when it wasn\u2019t.<\/p>\nMakena Houston on stage as a student. Photo \/ Paul Taylor \/ Hawke’s Bay Today<\/p>\n
Jacqui Ansin at a function to mark a hotel opening. Photo \/ Michael Craig<\/p>\n
The authority referenced the \u201cinherent inequality of power\u201d in the relationship, enhanced by Ansin\u2019s connections with the media. Photo \/ 123RF<\/p>\n