1016 WBN_eBook

10 WAIKATO BUSINESS NEWS October/November 2016
Hey sxy… I wanna
ruin my career
HR AND THE LAW
> BY ANNE AITKEN
Anne Aitken, HR Professional | Email: anne@anneaitken.co.nz
A Ltd v H and Nel v ASB
Colin Craig is the most
high profile person in
recent years to destroy
his career over an infatuation,
but is by no means the only one.
This is the story of two men,
both aged 51, who were attracted
to younger women and ruined
their careers.
The first, Mr H was a commercial
pilot on a long haul stopover.
There was risqué banter by
the crew members around the
pool. Later, as the crew were
heading to bed, he entered the
hotel room of a 19-year-old
cabin attendant, sat on the bed
she was in and touched her thigh.
She said it was deliberate, he
said it was accidental. A disciplinary
process was followed and
he was sacked. The employer
then received complaints from
three other women.
The second, Mr Nel, was
senior commercial manager
with ASB Bank, managing four
teams of commercial accounts
and relationships managers. Like
the first story, there was light
social chat among the team that
became a little unprofessional
and was misread by Mr Nel. He
became infatuated with one of
the much younger women who
worked for him and started texting
and emailing her. Eventually
he sent her a long email starting
Hey sxy…I’m head over heels
for you…
The recipient of the messages
was very uncomfortable
but remained respectful, telling
Nel that she saw him as a
good friend, nothing more. Her
email set professional boundaries,
asking him not to call her
inappropriate names at work
as it undermined her, and hoping
they would not discuss the
issue again but would continue
with a professional relationship.
Unfortunately Mr Nel couldn’t
drop it and kept referring back to
the situation and then moved his
desk to sit beside her. Eventually
the woman raised her concerns
with another manager and then
with HR. A disciplinary process
was followed and he was sacked.
Both men took personal
grievances, putting their behaviour
out in the public domain
for everyone to know about. The
Employment Authority found
that the process leading to Mr
H’s dismissal was justifiable and
dismissed the personal grievance.
He appealed the decision to
the Employment Court which
found that the employer had
tested Mr H’s account [of the
incident] vigorously but had not
taken the same approach to the
evidence of [the complainant]
or another witness, citing that
the interviews with Mr H had
been recorded and transcribed,
while the other witnesses had
notes taken of their interviews. It
concluded that these procedural
defects were significant breaches
of natural justice and therefore
the evidence was unreliable.
Secondly the court found that
there was disparity of treatment
because a different pilot was not
dismissed for a similar incident
previously. The grievance was
successful and reinstatement
was ordered.
The employer took the matter
to the Court of Appeal. It
concluded that the law provides
that there may be a variety of
ways of achieving a fair and
reasonable result in a particular
case… The requirement is for an
assessment of substantive fairness
and reasonableness, rather
than “minute and pedantic scrutiny”
to identify any failings.
It concluded that the process
followed by the court ‘has got in
the way of a direct application of
the statutory test’ and overturned
the court decision, setting aside
the decisions to reinstate and
for payment of lost wages and
compensation.
This is a huge relief because
the court’s excessive emphasis
on following legalistic procedures
with recording and transcribing
interviews has shifted
the focus from the substance of
the incident to the procedures
followed.
With Mr Nel, the authority
agreed that the behaviour
amounted to serious misconduct,
the procedures followed
were fair, but the decision to
dismiss was unfair. It reached
this conclusion on the basis of
his level of remorse, that during
the disciplinary process he
was not suspended and no steps
had been taken to prevent Mr
Nel from meeting the woman,
and he had continued to perform
his duties diligently during the
investigation.
The authority gave serious
consideration to ordering reinstatement,
but decided against it
on the grounds that Mr Nel had
blamed the woman for his dismissal
and had threatened other
staff that they would be called as
witnesses in court if he was not
successful in the authority, and
they could go to prison if they
refused.
In the end the authority
awarded him seven months’
lost wages and $15,000 hurt and
humiliation, both of which were
reduced by 90 percent for his
contribution to the situation, so
he received a bit over $11,000.
There are some really obvious
messages here – follow good
process, make sure the decision
is appropriate for the offence and
if you are a 51-year-old bloke
who fancies a younger colleague
be very, very careful.
Gallagher Rotary Awards 2016 –
Recognising Excellence in Industry Training
“From small beginnings
good things happen”
This annual awards
event provides an opportunity
for you to recognise an employee
who through commitment to
training is achieving excellence.
After 14 years this awards
concept continues to grow significantly
to the point where
companies now regularly use
the event to present an award to
those special employees.
The partnership that has been
formed between local service
club, Frankton Rotary, and local
industry gives a unique opportunity
for a high profile event
to be held at a special venue, in
this case the Atrium at Wintec’s
City Campus and provides an
unforgettable experience to all
the award recipients.
Each award given is recognition
to that recipient that they
have the potential to become
industry managers of the future.
Every level in industry needs
training and we need to identify
and recognise when an employee
achieves above the norm.
Life can be described as a
series of memories.
This event creates a memory
that the award recipients will
have for the rest of their lives.
Rotary engages in community
projects all the time.
Some are high profile while
others just happen.
Rotary is extremely pleased
to facilitate this type of event as
it rewards special achievers in
our community.
It provides a platform to
award commitment and the
desire to do well.
All employers who have
skill-based training systems in
place are welcome to be part of
this annual celebration.
We welcome large or small
companies to showcase their
businesses alongside other
industry leaders.
Each company has time
on stage to make their own
award presentation to their own
employees.
You are invited to be part of
the event this year, either by participation
or just attend to verify
that future involvement will be a
must for you.
We also invite you to contact
any of the sponsoring companies
identified in the event flyer
displayed in this publication.
The Gallagher Rotary Awards
2016 event details are;
Date: Tuesday, November 29.
Time: 6.30pm
Venue: Atrium - Wintec City
Campus.
For tickets or more info please
contact Des Meads (event
co-ordinator) Ph. 07 853 2360
or mob 021 08358312
Or des.meads@clear.net.nz
Business wellbeing key to success
PressGo is a
boutique business
providing tailored
information, support
and education to
other businesses
seeking to become
healthy and vibrant.
Karen Covell and Angela Meyrick
“Recognising Excellence in Industry Training”
Tuesday, 29th November 2016 at 6.30pm
The Atrium (Wintec City Campus).
Dress: Collar and Tie event
This prestigious event showcases companies committed to industry training
and awarding their new or existing trainees, who have proven skills and
passion, to achieve excellence within their chosen industry.
By identifying the wellbeing needs of your
business, PressGo will help you to create
an appropriate and relevant solution wherever
you may be in New Zealand.
Workplace wellbeing in not only the
‘airy, fairy, touchy, feely’ fashionable
trend that at best gets overlooked and
at worst is ignored completely. It is, if
left unrecognised and not responded to,
something that can derail your business
completely.
Considering that most of us spend a
third of our day at work, it is becoming
more important for the decision makers
in your business to invest in creating a
positive work environment for your team.
A healthy and vibrant workplace, will
help you to:
• Attract and retain the right staff;
• Build a strong reputation;
• Improve morale;
• Reduce absenteeism; and
• Reduce the effects of stress.
PressGo helps business owners and
managers to improve the quality of their
own wellbeing and that of the business.
Stress and burnout are key indicators
that something isn’t right and if you’re not
looking after yourself, how can you look
after your business and its most valuable
asset – your staff?
PressGo provides a tailored solution
to your wellbeing need. We can cover
anything from a wellbeing workshop
for your team, through to creating and
reviewing business documents and systems.
And, we will make every effort
to fit the cost to your budget.
Between them, PressGo’s team has
almost 50 years’ experience working in
the health and wellness environment,
and we are confident we can find a
solution for you and your business.
PressGo is a division of Progress to
Health. We have transferred the expertise
of working with individual people
to improve their own wellbeing to a
business setting.
If you are wanting to build a healthy
and vibrant business – PressGo.
www.pressgo.co.nz
email: angela@pressgo.co.nz
mob: 027 229 6998
To purchase tickets to attend or to find our further details please contact:
Robin Wilkinson (Treasurer, Rotary Club of Frankton) on
robin@robinhood.net.nz or phone 07 854 6664 or 027 482 4745.
Des Meads (Director, Rotary Club of Frankton) on
des.meads@clear.net.nz or phone 07 853 2360 or mobile 021 0835 8312.
The Gallagher Rotary Industry Awards rely on the active participation of
all our Sponsors.
Without their help we could not hold this annual event to celebrate
“Excellence in Industry Training.”
EVENT SPONSOR
AWARDS SPONSORS
SUPPORT SPONSORS
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30444