Government orders review of culture at HRC after sexual harassment scandal

Wednesday, 21 February 2018

Justice Minister Andrew Little says he's concerned about how the Human Rights Commission handled a sexual harassment complaint against a senior employee.

The Government has ordered an independent inquiry into processes and culture at the Human Rights Commission, following a sexual harassment scandal there.

The minister in charge of the commission, Justice Minister Andrew Little, said retired Employment Court judge Coral Shaw would investigate the procedures the commission used for sexual harassment complaints against its staff.

Human Rights Commission chief financial officer Kyle Stutter faced disciplinary action for sexually harassing a young intern.

'I think there were some failings in the procedure and I need to know – and I think New Zealanders are entitled to know – that our principal human rights body has the best procedures for dealing with matters like this, and I don't think they do at the moment,' Little said.

'I think they've just got it wrong, and it concerns me that our chief human rights body, the one body that everybody in New Zealand looks to to get it right, has got it so badly wrong.'

* Human Rights Commission 'fell short' in sexual harassment scandal - employment lawyer

* Human Rights Commission slammed over sexual harassment**

Stuff revealed this month a young American woman cut short her internship at the commission after she was groped by the organisation's chief financial officer Kyle Stutter at a work party.

The commission investigated a sexual harassment complaint against Stutter, which resulted in disciplinary action. He sent the intern a written apology, undertook anti-harassment training and received a formal warning.

Three months on, he remains employed there as chief financial officer. He threatened to sue Stuff if he was identified.

The commission is the country's watchdog for unlawful discrimination and racial or sexual harassment. But the former intern said it seemed ill-equipped to deal with Stutter targeting her, and it didn't acknowledge the seriousness of the incident.

Little said he was not satisfied the commission was able to deal with sexual harassment complaints appropriately.

'[The complainant] was an unpaid intern, and the subject of the complaint was a senior manager of the commission,' he said.

'There was a total power imbalance in that whole arrangement that didn't seem to be taken into account in the way the commission used its processes.

'I'm just concerned, whether there are culture issues at the commission or attitudinal issues, they didn't get that right and in fact got it fundamentally wrong.'

The commission has received widespread criticism for its handling of the incident, including from an employment lawyer who said it had failed to follow best practice.

Little said Shaw would 'make any recommendations for change that she considers appropriate.

'I have met with Chief Commissioner, David Rutherford, and expect the commission will cooperate fully with the inquiry.'

The review was expected to be completed at the end of April.

In a statement, the commission said it supported Little's announcement and looked forward to addressing any recommendations from the review.

The commission aimed to be an 'exemplar' in the prevention of workplace sexual harassment and resolution of complaints, Rutherford said.

'As the Human Rights Commission we want to lead the way and demonstrate best practice in prevention and response.'

Rutherford said he was confident the complaint against Stutter had been handled 'in accordance with commission policies.

'However if there is anything we could improve we want to know about it.'

*Audio courtesy of Radio NZ