Waikato Business News October/November 2022

6 WAIKATO BUSINESS NEWS, OCTOBER/NOVEMBER 2022
What the ‘sustainability’ word
means at Fosters
Sustainability is trending. It’s a word that is bandied
about in business, politics and everyday life by just
about everyone. Yet, real commitment to
sustainability is not evident everywhere.
According to Thinkstep, the construction industry is
one of the primary contributors to climate change in
NZ, creating 20% of national greenhouse gas emissions.
Aware that their industry produces 40 - 50%
of NZ’s landfill waste, Fosters’ leadership team believe that
just because this is ‘industry standard’ does not mean it is
necessary.
As the only construction company to hold both of Toitū’s top
sustainability certifications, Fosters commitment to environmental
sustainability is proven through their daily operations.
The following commitments and initiatives implemented by
Fosters offer cleaner, more transparent, low-emissions builds:
• Fosters Toitū carbonzero certification demonstrates
they are positively contributing to the environment by measuring,
reducing, and offsetting their carbon footprint. They are
audited annually under international standards.
• Fosters Toitū enviromark diamond certification
demonstrates they have systems in place to reduce the environmental
impact of the business and the buildings they
construct.
• Fosters have the expertise to ensure green builds are
adaptable and durable, meeting the requirements of future generations
and creating healthier work environments – gaining
4+ Green Star certifications.
At Fosters, sustainability means operating in a way that
meets the needs of today whilst also ensuring future generations
will be able to meet their needs.
Misconduct Outside of Work –
What can Employers do?
Managing misconduct that occurs within the workplace can
be challenging. Procedural requirements must be met and
any disciplinary action must be lawfully justified. When
the misconduct occurs outside of work, things get even trickier. With
the silly season soon upon us and people starting to wind down after a
busy year, now is commonly the time when issues arising from bad or
impaired judgment start to increase. The question many employers
often ask is whether they can do anything to address an employee’s
bad behaviour if it did not occur at work but in the employee’s
personal life? The short answer is, like most things, it depends on
the circumstances.
The starting point is that employees have the right to privacy and
to be able to live their lives as they choose outside of work. However,
when bad behaviour in an employee’s personal life can in some way
be connected to their job or could impact their employer’s business or
reputation, an employer is entitled to get involved and take reasonable
action. If there is a lack of connection between the misconduct
and the employer’s business and the employee has just done something
an employer does not approve of, this is unlikely to justify disciplinary
action.
Employers should ask the following when deciding whether they
can do anything about misconduct occurring outside of work:
• Is the conduct incompatible with the job the employee does?
• Does the conduct impact other employees?
• Could the conduct impact on the employer’s trust and
confidence in the employee?
If after asking these questions an employer can determine there
is a link between the employee’s behaviour and their employment,
then an employer is entitled to commence an investigation or a disciplinary
process. For example, an employee accused of harassing
another employee outside of work hours would have a clear link
to that employee’s employment as the conduct impacts another
employee. Another example is an employee who, while driving
their employer’s branded work vehicle outside of work hours, verbally
abuses a member of the public during an instance of road rage.
Social media and the digi-workforce have further blurred the line
between work and employees’ personal lives. Employees should also
be aware that venting frustrations or personal opinions online that
may identify and reflect poorly on their employer may lead to disciplinary
action.
Like with misconduct that occurs at work, it is important the disciplinary
process is fair and follows any prescribed procedural requirements
that are set out in either the employee’s employment agreement
or employer’s policies. This would normally include providing
the employee with full details of the allegations and all other evidence
relied on in support. This could include witness statements, video
footage, photographs, and any other documentation. Any information
relied on by an employer to support the allegations should be
provided. The employee should be advised of their right to seek independent
advice and be provided an opportunity to respond to the
allegations and evidence. Once the employer has fairly considered
the employee’s response, which may include undertaking further
enquiry or clarification of any issues in dispute, the employer is then
entitled to make a decision on whether the allegations have been
KNOW YOUR LAWYER
— JAIME LOMAS
Jaime Lomas is a Director at DTI Lawyers, and alongside
Andrea Twaddle, heads the Employment Law Team.
Jaime has extensive experience in employment law and
dispute resolution. She takes a pragmatic and practical
approach to achieve commercial and workable solutions
for her clients. She is committed to understanding
the issues her clients face and the impact on their
businesses or on them personally. Her working
philosophy is that obtaining a better understanding of
her clients’ needs is key to give them tailored advice
to enable them to achieve their goals and objectives.
With both a specialist Employment Team and a
Commercial/Property Team, Jaime and the team at
DTI are well placed to meet your legal needs and
look forward to working with you.
SPECIALIST LAWYERS | 07 282 0174 | dtilawyers.co.nz
By Jaime Lomas,
Director and Specialist Employment Lawyer, DTI Lawyers
substantiated and what the outcome should be. When it comes to
decision making, the conduct of senior employees outside the workplace
whose duties impact on reputation and integrity of the company
may be more closely scrutinised.
Employers are wise to minimise the risk of ambiguity about what
conduct outside of work might impact on employment, by setting out
clearly what is expected of employees in employment documentation
such as terms or employment, or codes or conduct. Employees
should be put on notice of the potential consequences, including dismissal,
should misconduct outside work brings or could likely bring
the employer’s business into disrepute.
Ordinarily, in instances where an employee’s behaviour could be
seen to damage the employer’s reputation, the potential for damage
rather than actual proof of damage will be enough. Similarly, the
underlying conduct as opposed to the effect of any significant media
attention should be considered. For example, the fact of an employee
having an accident in an employer branded vehicle after hours is
clearly linked to the company, regardless of whether it was reported
in the local paper or social media.
Employers must always ensure the process and outcome is
fair and reasonable in the circumstances. The specialist employment
law team at DTI Lawyers can assist businesses in relation
to all employment matters, including advice on disciplinary
processes and whether an employer can take action for
misconduct occurring outside of work. For any further
information on employment law queries, please
contact the specialist employment team at DTI Lawyers.