WorkSafe fails to take a prosecution on a single bullying case
Friday, 17 August 2018
New Zealand's workplace safety watchdog is under fire for refusing to investigate sexual assault in workplaces and failing to take a prosecution on a single bullying case.
Figures released by WorkSafe show that of the 125 cases of bullying brought to it in the last four years, it investigated 11 of them and did not prosecute a single one. About half were referred to more appropriate agencies, WorkSafe said.
Meanwhile, Employment Relations Authority (ERA) data shows that just four of the 104 cases of bullying, sexual harassment, and racial harassment files it had received since July, 2017, had been closed with a determination issued.
Steph Dyhrberg, from Wellington Women Lawyers' Association, said WorkSafe would not even investigate sexual assault in the workplace and failed to takes its responsibilities around bullying seriously.
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A WorkSafe spokeswoman said sexual assault was a criminal offence and it lay with police to investigate and prosecute.
The Employment Relations Act and the ERA were usually best to deal with bullying and harassment, it said. Though WorkSafe did not take the lead on investigations, it could still be involved.
It only investigated bullying and harassment 'where there is diagnosis of serious mental harm' though 'psychosocial risks' including bullying and harassment were part of its 10-year plan.
'Bullying is a very small proportion of issues raised with WorkSafe, but it is certainly an emerging issue not only here, but also globally.'
In the latest issue of the Safeguard magazine, Dyhrberg argued WorkSafe's refusal to investigate sexual assault at workplaces was unacceptable and 'smacks of gender discrimination' because sexual harassment usually happened to women.
'Just because the Human Rights Commission, Employment Relations Authority and potentially Police have jurisdiction to consider complaints of sexual assault and harassment does not absolve WorkSafe of the obligation to carry out its statutory function in relation to a serious workplace hazard.
'The Transport Accident Investigation Commission, Police and CAA have jurisdiction over various workplace accidents or near misses, but that doesn't stop WorkSafe investigating and prosecuting breaches of the Health and Safety at Work Act,' she said.
Me Too campaigner Zoe Lawton said that since stories of sexual harassment and bullying at law firm Russell McVeagh broke in media earlier this year, little had been heard from WorkSafe.
'I think now is the time for the agency to step up and be transparent with the public about what work it is doing in the sexual harassment and bullying space, specifically in regards to the legal profession and more generally.'
She filed an Official Information Act request with WorkSafe to get a raft of information on how it dealt with harassment and bullying, specifically in law firms but also in all workplaces.
A Ministry of Business, Innovation and Employment statement said the ERA had 76 bullying claims since July 2017. Of them, 40 had been withdrawn or closed without determination, 14 were resolved at mediation, 18 were still being considered, and four had determinations.
Of the 26 sexual harassment claims, 14 were without-determination, four were at mediation, and it was considering eight. It also had two racial harassment cases with one still being considered and one without determination. It warned there may be some where a single person had more than one case.
'Bullying and harassment claims should, in the first instance, be raised with the employer who is responsible for providing a safe place to work,' it said.
'If any employee feels the employer is not managing their complaints appropriately or feels unsafe at work or unable to raise their concerns they are able to request mediation.'