Newshub political editor Tova O’Brien has taken Discovery NZ to the Employment Relations Authority (ERA) as she attempts to leave the group in the coming weeks to join MediaWorks radio station Today FM.
The broadcast journalist is locked in a legal battle with Discovery over a restraint of trade clause,which reportedly prevents her from joining MediaWorks for three months after the end of her contract. According to Stuff, O’Brien’s contract does not finish until the end of January.
O’Brien is questioning the validity of the clause. At an ERA hearing today, O’Brien’s legal representatives sought a declaration on whether the terms were enforceable.
At the ERA hearing, Discovery made a counterclaim against O’Brien after the reporter took part in a promotional video for MediaWorks while still under contract with Newshub.
Discovery lawyer Peter Kiely said the US-headquartered group was seeking a finding and penalty after O’Brien was featured in the MediaWorks promo.
The legal spat threatens the launch of Today FM’s flagship breakfast show, Tova, led by O’Brien and Mark Dye.
MediaWorks is preparing to go live with its new slate of high-profile shows in “the first quarter of 2022”, suggesting the legal dispute could impact launch day if not resolved.
A delay to O’Brien’s breakfast show would be a major blow for Today FM, which has hired the hard-hitting reporter and a host of other senior broadcasters including Mark Richardson and Polly Gillespie.
MediaWorks hopes its new-look station will help it gain ground on market leader Newstalk ZB and long-time breakfast ratings leader Mike Hosking.
The ERA will rule on whether O’Brien’s restraint of trade clause is applicable to radio stations or limited to Newshub’s television rivals.
