Employers urged to take Pasifika values seriously at work

A landmark Employment Court decision has found Pasifika values were not properly respected during a redundancy process that led to the dismissal of two workers.

The ruling, issued in March, has been hailed as a win for workers and a reminder to employers that workplace values can carry legal weight when they are built into employment relationships.

The court found the Pacific Island Business Development Trust unjustifiably disadvantaged and dismissed former employees John Faitala and Vahanoa Vea during a flawed 2023 redundancy process.

The court awarded Faitala 12 months’ lost wages and $45,000, while Vea received six months’ lost wages and $30,000.

It ruled the process failed to reflect Pasifika values written into employment agreements, including respect, reciprocity, family, and community.

The company began a restructuring process in May 2023, proposing that five roles be disestablished and nine created.

But the court found staff were given short timeframes to respond, key questions went unanswered, records of meetings were limited, and one employee was told feedback was still under consideration before receiving a termination letter later the same day.

Judge Marepia King said Pasifika values should have been central to the restructuring process.

“The plaintiffs were Pasifika employees, working in a Pasifika organisation ... In the circumstances, Pasifika values ought to have been recognised and integral to any restructuring process.”

PBT welcomes new CEO Mary Los'e (white jacket) in Feb 2023. John Faitala (back row, second from left) and Vahanoa Vea (front row, far right) were awarded $25k for unfair dismissal. Photo/PBT website

The ruling is being seen as a significant moment for workplaces where cultural values are written into employment agreements.

Saunoamaali’i Dr Karanina Sumeo, former Equal Employment Opportunities Commissioner, says the ruling has wider implications for employers across Aotearoa.

She says Pacific workers can often feel pressure to accept poor treatment because of hierarchy, culture or fear of losing income.

“It really emphasises to our people that you matter, you have rights,” she told Pacific Mornings.

“This is a business relationship. Things have to be visible and they have to be respected.”

Listen to Saunoamaali'i Karanina Sumeo's full interview below.

Saunoamaali’i says employers need to better understand the wider realities Pacific workers bring into the workplace, including family and community responsibilities.

“We’re a Pacific nation, this matters. For all of our employers, get some cultural competency, you’re an employer in the Pacific,” she says.

“When you take on people, you're taking on them as a whole person, and when you're making difficult decisions about performance, it might be something that's going on at home or something to do with their cultural or their religious beliefs, so it’s good to understand each other.”

In an earlier Employment Relations Authority ruling, both workers were awarded $25,000 but the court said they should have received “significantly more”.

In the court decision, Faitala said the sudden termination affected his physical and mental health, and Vea said she experienced migraines linked to stress.

The Employment Court Decision may impact sectors with large Pacific representation, such as seasonal work. Photo/File

The decision is also being discussed more widely as Pacific workers are expected to make up a large share of Auckland’s workforce.

A 2025 Ministry of Business, Innovation and Employment survey found 60 per cent of Pacific workers had concerns about their employment situation, while 19 per cent did not know where to go for help on workplace rights.

ACT Party list MP Laura McClure said on social media that while “respect matters”, she questioned whether cultural values should be tested in court and linked to compensation, arguing such rulings create uncertainty for employers.

In a statement, the Pacific Business Development Trust says it does not comment on individual employment matters or restructures due to privacy and remains focused on supporting Pacific businesses through its programmes and services.

Image/Pacific workers in Aotearoa - Snapshot 2025

The organisation said it "acts in good faith and in accordance with the law at all times" and is is committed to strengthening its internal processes.

It said this included "the upholding of Pasifika values, to ensure consistency, rigour, and clarity in our documentation".

The court’s decision highlights that where cultural values are clearly part of employment agreements or workplace practice, they may need to be properly considered in these discussions.

This article has been updated to include a response from the Pacific Business Trust.