Mediaworks' radio show launch hinges on outcome of Tova O'Brien's employment case

The launch date of Mediaworks’ re-branded breakfast radio show is hinging on the outcome of broadcaster Tova O’Brien’s employment wrangle.

O’Brien says a restraint of trade clause in her contract is being used punitively to stop her working in a completely different role in radio.

O’Brien finished with Discovery NZ, the owner of TV3 and Newshub, in November to take up a role with Mediaworks’ rebranded breakfast radio station in the New Year.

Stuff understands her contract does not officially end with Discovery until the end of January. There is a further three months restraint of trade clause in the contract, which could delay her planned start date of Monday.

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On Tuesday, during a hearing at the Employment Relations Authority in Auckland, O’Brien said she felt like the clause was being used in a punitive manner.

“It feels like I’m being punished, it feels like a point is being made,” she said.

“It feels like there’s a scrap between Discovery and Mediaworks ... and I’m being caught up in that.”

She told authority member Maria Urlich that before taking up her role as political editor on Discovery’s Newshub, she received assurances from the head of news that the restraint of trade clause only covered like-for-like roles.

O’Brien said had she known the clause would stop her doing “the only thing I know how to do”, she would not have signed.

“By and large, you’ll be saying to every journalist that you’ll never be able to progress your career and go to another employer without a three-month gap.”

O’Brien said she was going from a role as political editor to covering everything, including “ducks falling in love with kittens”.

“Being taken out of this single industry that I know ... It doesn’t bear thinking about. It makes me utterly miserable.”

O’Brien said she had given 14 years to Newshub and had good relationships with colleagues and management.

“I didn’t anticipate it being so acrimonious.”

Discovery’s lawyer Peter Kiely said his client was also seeking a finding and penalty after O’Brien took part in a promotional video for Mediaworks while still on Discovery’s payroll.

O’Brien told the hearing her inclusion in the video lasted about three seconds.

The hearing also heard from Mediaworks’ former chief of news, Hal Crawford, who hired O’Brien as political editor in February 2018.

Crawford said the non-competition clause was added to give the company a bit of breathing space in the event O’Brien was poached by a competitor.

“In television, audiences become attached to presenters.”

He would not be drawn on exactly who he would consider a competitor but said the clause could have been invoked had O’Brien gone to Stuff or the New Zealand Herald, given the new digital media landscape.

O’Brien had been concerned about the clause but thought three months was “reasonable”, he said.

“I wanted to reassure Tova that I certainly wouldn’t be using this as a punishment for leaving.”

He said he had never enforced a restraint of trade. His own contract had a six-month clause in it, but he left New Zealand so it was not applicable.

O’Brien has been hired to host Mediaworks’ rebranded Magic Talk breakfast show and will be competing with Mike Hosking in the competitive morning radio market.