Legal workers' union slams job advert requiring 98 per cent work attendance

Wednesday, 1 July 2020

How the Employment Relations Authority works. (Video first published in June 2021)

A job advert looking for law graduates who can commit to 98 per cent physical work attendance has come under fire.

Law firm Loga Pullar listed the job, which is for the position of a law executive, on June 21.

A union believes these expectations are at odds with the direction of greater flexibility the legal profession needs to move in.

A union says a job advert released by law firm Luga Pullar looking for 98 per cent work attendance is at odds with the direction of greater flexibility the industry needs to move in.

Aotearoa Legal Workers' Union spokesperson Bridget Sinclair said punctuality or hours spent at a person’s desk are not the best measures of commitment.

The job advert, for the position of a law executive, was posted on June 21 and has raised eyebrows.

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“Time spent at a person’s desk does not account for the reality of everyday life, nor the diversity of the legal workforce,” she said.

“Commitment is, instead, best measured through attitude, performance, and quality of work. We think it is important that employers encourage employees to stay home when sick, work flexibly when necessary or preferred, and prioritise their wellbeing.

Sinclair said she would encourage the firm to explore the benefits of flexible working and operating in a high-trust environment.

“In the wake of covid-19, legal employers have been challenged to update technology and ensure that their businesses are flexible enough to allow employees to effectively work from home,” she said.

“That is, in our view, a positive shift away from the culture of presenteeism that is so prevalent in legal workplaces.

The job advert states the law firm's physical work attendance is currently at 97.8 per cent.

“Our recent punctuality audit is 98 per cent… If you have such a record or believe you fit in to this level of commitment and performance, we sure would like to hear from you,” it states.

Solicitor Melissa Hu-Davidson, who works in employment law, said there was a potential argument for the advertisement to qualify as indirect discrimination for those with disabilities or illnesses, which required higher than normal periods of sick leave or extended periods off work.

“I think lockdown has demonstrated that it is certainly possible to work remotely and there could be more flexibility in the legal field,” she said.

“However, it comes down to culture of each individual firm.”

Following questions from Stuff Loga Pullar said the comments on physical work attendance and punctuality in the advert referred to “measurable work with respect to work attending courts and tribunals”.