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A recent ruling by the Employment Relations Authority (ERA) has highlighted serious failures in how frontline worker safety was managed within the Department of Corrections.


The case resulted in Corrections being ordered to pay Corrections Officer Duane Farrell nearly $95,000 in compensation and lost wages, after the authority found he had been treated unfairly and that his employer failed to ensure a safe system of work.


This decision should serve as an important reminder to all employers operating in high-risk environments: worker safety must never be an afterthought.


A Failure to Protect a Frontline Worker


The ERA heard that in 2017 Officer Farrell was attacked by a prisoner while escorting them through the prison. After the assault, he requested medical assistance but was not immediately taken to hospital and was reportedly told to “shake it off” before eventually being transported to hospital by another officer.


More concerningly, Corrections later became aware that there was a level 1 threat against Farrell’s life, meaning there was a specific and credible risk of violence against him. Yet that information was not communicated to him, and he was allowed to return to work without understanding the nature of the threat.


The ERA found that Corrections had failed to provide critical safety information and failed to ensure a safe system of work following the assault and subsequent threats.


For a frontline worker, these failures can have profound consequences. Knowing that credible threats exist against you but learning about them only after the fact undermines confidence in the employer’s ability to keep staff safe.


The Importance of Robust Risk Assessment


For NUPE, this case underscores a fundamental principle: robust risk assessment and communication are essential when workers operate in high-risk frontline roles.

Where staff work directly with volatile individuals, offenders, or high-risk environments, employers must ensure:


  • Thorough and ongoing risk assessments are undertaken

  • Threat information is communicated immediately to affected staff

  • Appropriate protective measures and work arrangements are put in place

  • Staff are supported medically and psychologically following incidents

  • Return-to-work processes prioritise worker safety and wellbeing


Failure in any of these areas not only exposes workers to harm, but also damages trust between staff and management.


Safety Culture Matters


Frontline roles such as corrections, youth justice, social services, and other high-risk environments rely heavily on a culture of safety and trust. Workers must be confident that when they report risks, injuries, or threats, their employer will take those concerns seriously and act immediately.


A culture where workers are told to “shake it off,” or where critical threat information is withheld, sends the wrong message and undermines safety systems that are meant to protect staff.


A Message for All Frontline Workplaces


This ruling reinforces that employers have a legal and moral duty to ensure workers are protected. In high-risk sectors, that duty requires proactive planning, transparent communication, and a strong commitment to health and safety.


For NUPE, the message is clear.


Frontline workers put themselves in complex dynamic situations to deliver essential public services. They deserve workplaces where risk is properly assessed, safety is taken seriously, and no worker is left in the dark about threats to their wellbeing.


Strong systems, strong leadership, and strong worker protections are not optional. They are fundamental to keeping frontline staff safe.


NZCTU Te Kauae Kaimahi President Sandra Grey is calling on Minister for Workplace Relations and Safety Brooke van Velden to pause the proposed reform of the Holidays Act and listen to the concerns of workers.


“The Minister’s desire to introduce a bill to Parliament has got ahead of writing good legislation. We have many concerns about the proposed Bill and have not been consulted properly in its development,” said Grey.


“The Bill as currently written might mean that some workers, particularly vulnerable workers, have their holiday pay reduced. Workers don’t appear to be able to take leave in advance, and their ability to take two weeks of consecutive leave is weakened.


“New Zealanders already work some of the longest hours in the developed world. Burnout and work stress are harming workers and their whānau and costing the economy billions.

“We need to approach change carefully as this Bill will impact millions of Kiwis. Many of the proposed changes seem designed to reduce the benefits that workers deserve during their precious holiday breaks.

“The Government needs to come back to the table, talk with workers and unions, and develop changes that have broad-based support. It does not have the mandate for this Bill.

“There is an opportunity to build an enduring system that delivers for decades to come. Both employers and employees need certainty and a fair deal. The Minister shouldn’t let her desire for speedy reform ruin New Zealanders’ future holiday plans,” said Grey.

“This is an outright attack on the tens of thousands of teachers up and down the country who choose to join together to fight for better pay and conditions,” said Grey.


“It is totally unacceptable that the Public Service Commissioner is attempting to turn teachers against each other and undermine solidarity across the sector.


“Brian Roche has overstepped the mark by breaching good faith bargaining and undermining the role of unions. This comes after his scandalous decision last year to run taxpayer funded ads to attack striking workers.


“It’s time for Roche to take his responsibilities to support public servants seriously. It is the workers who keep the public service running, not ministers. He has an obligation to them.


“As New Zealanders we love our teachers. They deserve to be paid what they’re worth and valued for their tireless work educating our tamariki.


“The CTU and wider union movement stands in solidarity with primary teachers and NZEI Te Riu Roa in the face of this outrageous attack,” said Grey.



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