Three Human Rights Commission staff investigated for sexual harassment

Friday, 2 February 2018

The Human Rights Commission has investigated three sexual harassment complaints against three of its own staff dating back to 2013.

One of those complaints resulted in disciplinary action against a senior male staff member who still works there.

The commission is the country's watchdog for unlawful discrimination, racial or sexual harassment.

Figures about employment disputes at the commission were released to Stuff under the Official Information Act.

READ MORE: Senior staff member at Human Rights Commission disciplined after sexual harassment complaint

The sexual harassment complaints – part of a total of 18 employment disputes at the organisation over the past five years – were laid against three separate staff members.

Each of the complaints progressed to an investigation, with the senior employee then disciplined. Two employees resigned before the investigation was completed.

There were a total of three monetary payments made to settle employment disputes or complaints, through the Ministry of Business, Innovation and Employment's (MBIE) mediation service. 

The settlements were confidential and the dollar amounts were not released by the commission. 

Victim advocate Ruth Money said it was 'horrific' that the commission tasked with protecting New Zealanders' rights appeared to have its own culture problem.

She was calling for an independent inquiry into sexual harassment at the commission. 

'If there was anywhere there shouldn't be sexual harassment, it should be there,' she said.

'You've got to question: how are they dealing with complaints that they receive? Are they fit for purpose? Are they able to perform their function?

'I think they need to answer some serious questions around risk mitigation, around what they're doing as an office to amend this kind of behaviour.'

Money said the number of complaints in a five-year period pointed to a 'systemic issue' in the workplace.

'Especially when [the senior staff member] maintains their employment, that seems really odd.

'It seems as if there may well be a culture of abuse. You've had three complaints; you haven't just had a one-off thing where you've managed to sort it, deal with the offender and then move on.'

The commission's chief executive, Cynthia Brophy, said it employed around 60 staff and four commissioners at three separate offices in Auckland, Wellington and Christchurch.

'The commission has a strong framework of core values and these apply to the way we treat each other in the workplace,' Brophy said.

'However, the commission is not unlike other organisations, in that employee-related issues and complaints can arise. While such complaints are not common, we treat them carefully and responsibly when they occur.'

The figures released to Stuff also showed there was one complaint of bullying, with one employee disciplined as a result.

Disciplinary action was taken against a total of four employees because of an employment dispute or complaint.

There were also two employee personal grievances raised against commission staff and resolved through the MBIE mediation service.

Meanwhile, six of the 18 employment disputes related to a significant restructuring and redundancy process, which happened at the organisation in 2014 and 2015.

A further six monetary payments made in 2014 and 2015 related to those disputes.

In December, Stuff revealed a senior staff member had been disciplined, but remained employed at the commission, after a sexual harassment complaint was made against him.

It's understood that in early 2017, a female intern at the Commission alleged the male staff member sexually harassed her to such an extent that she was forced to cut short her internship. The alleged victim declined to comment when approached late last year.

The Human Rights Commission is a Crown entity, but is independent of the government. 

It was formed in 1977 and functions under the mandate of the Human Rights Act 1993.

The commission's role includes providing a dispute resolution service for complaints of sexual harassment.