Phil Scott, of Scott’s Brewing Ltd, was forced in a 2024 interim decision by the Employment Relations Authority to continue paying his wife, Tyla Scott, after she filed a personal grievance against him.
She filed the grievance after she was made redundant from their brewery business.
The authority ruled in Ms Scott’s favour, ordering Mr Scott to continue paying her wages while the case was settled.
He indicated he would appeal the decision in the Employment Court, but last month Judge Joanna Holden declined to make several pre-appeal orders Mr Scott sought.
He wanted the appeal to be kept under wraps, did not want to keep paying Ms Scott while the appeal was waiting to be heard and wanted the matter to be prioritised by the courts as it was affecting his business.
In her March decision Judge Holden said Mr Scott argued he should not have to continue paying Ms Scott as it was affecting the brewery’s bottom line.
He argued that despite a 34% improvement in gross profits, the business had suffered an overall decline in profit of 18% and he wanted Ms Scott removed from the payroll, the judge’s decision said.
Paying Ms Scott would have a "compounding effect" as Scott’s Brewing continued to take a financial hit yet got "nothing in return", he said in his pre-appeal request.
Judge Holden decided the brewery was "not significantly impacted" by keeping Ms Scott on the payroll.
"Evidence does not go so far as to suggest that paying Ms Scott has any impact on the way in which the business has been and will be carried out, or on the employment of any staff.
"Ms Scott, on the other hand, would be impacted by a stay being ordered as it would deprive her of the immediate provision of income into the family household."
Mr Scott also wanted his appeal of the authority’s decision to be suppressed, including the names of anyone involved, the content of the proceedings, evidence and eventual judgement.
He did not expect the publicity that came after the authority’s decision and was "shocked by the tone of it".
"He says that the articles in the media have given rise to gossip and speculation in the small, tight-knit community of Oamaru, where Scott’s Brewing operates and where he lives," the decision said.
Judge Holden also rejected this request, noting no application for suppression had been made at the initial hearing.
Mr Scott’s application to have the matter dealt with urgently was also declined.
The court confirmed the appeal had since been withdrawn.
The authority is expected to hear the personal grievance matter later this year.
Timeline
June 2023: Tyla Scott made redundant from Scott’s Brewery.
November 2024: ERA releases decision ordering Phil Scott to continue paying his estranged wife Tyla Scott’s wages.
December 2024: Mr Scott files an appeal with the Employment Court.
March 2025: Employment Court declines three pre-appeal applications made by Mr Scott and the appeal is withdrawn shortly after.
Future: ERA is yet to determine Ms Scott’s claim of personal grievance.
