Waikato Business News June/July 2018

WAIKATO BUSINESS NEWS June/July 2018 21
How to manage querulous employees
We all complain from time to time; about
the weather, our colleagues or feeling
unappreciated at work. However, in some
cases, complaining can be a psychiatric
illness, which at the extreme end of the
scale, is known as querulant paranoia.
According to Australian
psychiatrists Paul Mullen
and Grant Lester,
querulous behaviour involves
a “…totally disproportionate
investment of time and
resources in grievances that
grow steadily from the mundane
to the grandiose…” and is characterised
by “…the unusually
persistent pursuit of a personal
grievance in a manner seriously
damaging to the individual’s
economic, social, and personal
interests, and disruptive to the
functioning of the courts and/
or other agencies attempting to
resolve the claims.”
According to the experts,
querulants are four times as
likely to be male than female,
typically aged between 40 and
60 and their conduct has frequently
been triggered by some
major ego-shattering setback
in life such as a dismissal from
their employment or divorce.
They often espouse that their
conduct is in the public interest
rather than their own, refuse to
settle disputes even when what
they originally asked for is
offered and are convinced that
copying in the Prime Minister
and others in similarly high
places, to their typically-voluminous
correspondence, is justified.
Querulants seek vindication
rather than resolution and
require actions such as the dismissal
of senior management
to placate them. Mullen and
Lester describe the querulant’s
position as being “… like gamblers
with no way out of the
devastation they have wrought
but through a really big win.”
Unsurprisingly, querulants
often end up in the court system,
where they are known as
querulant litigants. Without
presumptuously putting myself
forward as qualified to diagnose
such persons, a number of wellknown
New Zealand employment
cases potentially fit into
this category.
The case of Snowdon v
Radio New Zealand appears to
be one likely contender. Lynne
Snowdon, a Radio New Zealand
journalist, unsuccessfully
pursued her dismissal through
the courts in a multi-million
dollar, 12-year case that resulted
in a $490,000 costs award
against her. In an affidavit filed
in an attempt to reduce the costs
award, she deposed that as a
result of her case, her liabilities
exceeded her assets by $2.5
million, she had no income and
was reduced to living in “temporary
accommodation.”
Another case, recently
described by Anne Aitken in
Waikato Business News’ January
2018 edition, ALA v ITE
(name suppression orders in
place) potentially involves a
querulant. ITE (the employee)
worked for ALA (a local government
organisation). The
relationship deteriorated, and
the parties entered into a settlement
agreement, with a very
detailed confidentiality clause
prohibiting the employee from
disclosing details of the issues.
ITE went on to create a
website disclosing the issues,
posted videos online and even
sent flash drives disclosing
the details of his complaints to
chief executives of other local
authorities, despite a number
of hefty fines from the Employment
Relations Authority and
compliance orders, which ITE
ignored.
Eventually, with unpaid fines
and costs totalling $138,000,
ALA declared him bankrupt,
yet ITE continued with his
online publishing. When given
the opportunity to take down
the offending material before
sentencing in the Employment
Court, ITE declined to confirm
he would, resulting in an additional
$48,000 in costs and a
21-day period of imprisonment.
The material is still available
online if you know where to
look.
Most querulants were,
before their crusade, gainfully
employed, and the seeds of
the querulous behaviour can
become a serious problem for
employers. So, what, if any
steps, can be taken to manage
this disruptive, resource-draining
employee?
American psychologist and
president of Work Trauma Services
Inc, Dr Stephen White,
sets out some potentially useful
EMPLOYMENT LAW
> BY ERIN BURKE
Employment lawyer and director at Practica Legal
Email: erin@practicalegal.co.nz phone: 027 459 3375
tips when dealing with querulants:
• Educate managers on
the nature of querulous
behaviour and avoid being
disrespectful or demeaning
to a querulant employee;
• Be scrupulous to detail as
any factual error or procedural
misstep will justify
suspiciousness and fuel outrage;
• Offer viable, face-saving
exits, bearing in mind they
are unlikely to be deemed
acceptable to the querulant
if they do not include a public
apology, a declaration of
organisational wrongdoing,
and financial amounts out
of all proportion to their
claims; and
• Take threats to themselves
and others seriously, involving
security and law enforcement
if necessary (the latter
may be particularly important
in a country such as the
US, with ubiquitous access
to firearms).
From a New Zealand
employment law perspective,
I would also add that sometimes
it is better to just dismiss
such an employee, adhering of
course, to procedural fairness
requirements, and taking your
chances in the Employment
Relations Authority.
In the worst-case scenario,
losing a case and paying any
remedies ordered is likely to be
less expensive and disruptive
than continuing to employ a
querulant. The employer would
then need to show clear evidence
as to why reinstatement
to employment as a remedy is
impracticable, and that the continuation
of the employment
relationship is untenable.
Tourism New Zealand ‘wowed’
by Hamilton Gardens
The Tourism New Zealand
Board and some
members of the core
leadership team held their
board meeting in Hamilton and
toured two attractions – Hamilton
Gardens and the Waitomo
Caves.
“It was a fantastic opportunity
to showcase our region
to the Tourism New Zealand
board, and share some of the
opportunities and challenges
we face as an emerging visitor
destination” said Hamilton &
Waikato Tourism chief executive
Jason Dawson.
He says Tourism New Zealand
chief executive Stephen
England-Hall was impressed
by what they experienced, and
were especially ‘wowed’ by the
Hamilton Gardens.
“We were also able to
showcase our region’s iconic
Waitomo Glow-worm Caves
which has been a visitor attraction
for 129 years, alongside
the Gardens which is one of
our ‘younger and developing’
destinations,” added Jason.
The visit comes as Hamilton
City Council in June unveiled
an ambitious plan to complete
a further 13 themed gardens in
the next 10 years.
Jason says leisure and business
tourism is now booming
and contributing $1.511 billion
into the regional economy
annually, just fifth behind
Auckland, Wellington, Christchurch
and Queenstown.
“Hamilton and Waikato is
a good fit for Tourism New
Zealand’s regional dispersal
strategy which focuses on
encouraging visitors to explore
outside the main tourism destinations
and during the shoulder
seasons” says Mr England-
Hall.
Mr England-Hall also
shared how Tourism New Zealand
is keen to help regions
grow by $1 billion per annum
from 2023 to ensure that
growth is sustainable and
enriches New Zealand.
“Information is the key to
informing smart investment
in tourism infrastructure and
product development decisions
and we are really excited to
play more of a role in this. The
information will also be used to
inform campaign work, marketing
and storytelling workshops
for industry to ensure
visitors include Hamilton and
Waikato into their holidays”
says Mr England-Hall.
Tourism New Zealand board visits Waikato (L-R): Jason Dawson (CEO, Hamilton & Waikato Tourism), Travis Donoghue (GM,
Waitomo Caves), Kerry Prendergast (chair, Tourism NZ), Richard Leggat (deputy chair, Tourism NZ), Stephen England-Hall (CEO,
Tourism NZ), Chris Parkin (Tourism NZ board), Sue Parcell, GM Finance, IT & Strategy, Tourism NZ), Leah McDonald (EA to CEO,
Tourism NZ), Raewyn Idoine (Tourism NZ board), Jan Hunt (Tourism NZ board) and John Thorburn (Tourism NZ board)
“Tourism New Zealand
want to help the Hamilton and
Waikato region grow by $1 billion
per annum by developing,
implementing and promoting
strategies that are regionally-focused
and align with gateways
like Auckland which connect
the region to the world.”
The visit culminated in
a dinner attended by Hamilton
Mayor Andrew King
and Mayor of Waitomo Brian
Hanna, alongside major Hamilton
and Waikato tourism stakeholders.