A tragic story of resilience and justice unfolds, leaving us with a powerful message. A young woman's final days were spent fighting for her rights, a battle that continued even after her passing.
Tracey Richardson, a mother grieving the loss of her courageous daughter, Makena Houston, shares a heart-wrenching tale. Makena, a champion for cystic fibrosis sufferers and an organ transplant recipient, passed away just weeks before her 33rd birthday, leaving behind a legacy of strength and determination.
But here's where it gets controversial... Makena's last fight wasn't against her health challenges, as her mother had expected. Instead, it was a battle against her former employer, a public relations firm, over non-payment of wages. A battle that, sadly, continued even after her death.
In a recent decision by the Employment Relations Authority (ERA), Makena posthumously won her case. The ERA ordered Lily & Louis Limited, an Auckland-based PR firm, to pay a substantial sum in compensation, penalties, and backpay. Most of this goes to Makena's estate, with a portion also going to the Crown.
The case took an unexpected turn when, during the ERA's investigation, they learned of Makena's passing. Employment advocate Dave Cain requested that the matter continue, with Tracey Richardson stepping in as the legal personal representative.
Tracey recalls her daughter's unwavering determination, even on her deathbed. Makena, aware of her impending death, made a final plea to her mother: "Could you please get hold of Dave and find out what happens when I die?" A powerful reminder of her commitment to justice.
Makena's journey was a testament to her resilience. Despite her health struggles, she pursued a degree in communications, traveled to Australia, and lived life to the fullest. Her love for the stage, musical theater, and her friends was evident. She had a vibrant social life and a huge friend group.
In its decision, the ERA highlighted an aggravating factor - Makena's life-threatening medical issues at the time of the dispute, which were known to the firm's CEO, Jacqui Ansin. This knowledge, the ERA argued, should have prompted a more considerate approach.
Makena's connection to Lily & Louis ran deep. She had previously worked there and admired Jacqui. The offer to return as a senior publicist seemed ideal, especially with the flexibility to work remotely due to her health challenges.
However, during her nine weeks of employment, Makena wasn't paid, despite repeated requests. It was only the day before an investigation meeting that an arbitrary sum appeared in her account, leaving many questions unanswered.
Jacqui Ansin denied any wrongdoing, claiming she was placed in an impossible position due to Makena's request for payment via a Prezzy card. Makena, however, denied insisting on this form of payment and later agreed to it as a means to get paid.
Ansin's justification for withholding wage payments, based on Makena's Work and Income payments, was rejected by the ERA. It was up to Work and Income to investigate benefit eligibility, and this did not give an employer the right to withhold wages.
Tracey emphasized that Makena never hid the fact that she was receiving assistance, and that people on benefits were allowed to earn.
The ERA's decision also addressed the lack of an employment agreement. When Makena resigned, Ansin's response was to demand the return of a laptop and threaten to report her to the Inland Revenue Department for her payment request. The ERA noted the power imbalance in the relationship and Ansin's willingness to exercise that power, especially with her media connections.
Makena's personal grievance, filed soon after her resignation, included a claim for unpaid wages and other entitlements. She had been given false assurances that payment was forthcoming.
In an email, Makena's desperation to be paid was evident. She wrote, "I am very stressed and sickened by the continual stalling of this matter. Not to mention my unpaid bills weighing on me." A stark reminder of the impact this dispute had on her life.
Tracey described the drastic change in Makena's mood and behavior, requiring psychological support. Her principled nature wouldn't allow her to give up, even when she wanted to.
The emotional impact on both mother and daughter was evident during the ERA's questioning. Makena's poor health during the investigation meeting, and her subsequent death, made the process even more challenging.
Tracey believes the stress certainly took a toll on Makena's well-being. "It was avoidable," she said.
The investigation meetings were adjourned multiple times, with Ansin alleging poor health. Despite efforts, medical information required from Ansin was not received.
The ERA's decision found that Makena was constructively dismissed. The breach of duty by Ansin was considered serious, and her conduct was deemed more than inconsiderate. The firm's failure to provide an employment agreement and the false assurances given to Makena were also noted.
In awarding compensation, the ERA recognized Makena's loss of confidence, distress, and injury to feelings, exacerbated by her medical condition and Ansin's knowledge of her vulnerability.
Lily & Louis Limited was ordered to pay a significant sum to Makena's estate and penalties to the Crown. Tracey believes this outcome is just for her daughter, who advocated for herself throughout her life.
The ERA also held Ansin personally liable if the company failed to pay the wage arrears or penalties awarded.
Ansin, in a brief statement, acknowledged the authority's determination, treating the matter as a resolved legacy employment issue.
Tracey, as the executor of her daughter's estate, is determined to ensure the authority's order is followed. Her work to raise awareness of cystic fibrosis and advocate for those with the disease continues.
As she cycles through France, en route to Britain for Christmas with her family, including her son (also an organ transplant recipient), Tracey reflects on the wisdom of a doctor's words: "Everybody who has a transplant dies, but so does everyone else. The difference is that people with transplants get the opportunity to be well and enjoy their lives through a second chance."
Makena and her brother grabbed that chance, and Tracey is proud of the full lives they lived.
This story, originally published in the New Zealand Herald, leaves us with a powerful reminder of the importance of justice and the resilience of the human spirit.
