Waikato Business News October/November 2022

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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.
Pacifika director breaking new ground Award-winning director Meleane Burgess has forged a governance career path that others may follow. Meleane Burgess CMInstD considers governance a form of service. As a groundbreaking director from a Samoan background, Burgess uses the concept of “service” in two senses – firstly to the organisations she oversees, and secondly to the Kiwi Pasifika directors that will come after her. The Waikato-based director received the Pacific Governance Leader and Rising Governance Star awards at the 2022 Women in Governance Awards in August. She is the managing director of Dynamic Advisory Limited, former chairperson of the Hillcrest High board of trustees and sits on the NZ Post board as part of the Future Directors programme. She also serves as a member of the Pacific Reference Group for the Ministry of Social Development, an independent director on the Public Trust Board and a Council Member of the University of Waikato. Her first foray into governance was not actually as a board member. In 2018, Burgess set up the Waikato Pacific Business Network, which provides peer support and advocacy for Pasifika business owners and directors in the region. A chartered member of the Institute of Directors and an accountant by trade, Burgess felt the Pasifika business leaders she worked with would benefit from a professional association. “That was my introduction to governance – setting up the executive committee to take the network forward,” she says. “Doing that gave me some of the initial experience I needed in order to move into governance – because it was very difficult to get onto a WAIKATO BUSINESS NEWS, OCTOBER/NOVEMBER 2022 7 board.” Governance was almost “invisible” as an opportunity for Pasifika professionals in the very recent past, she says. “When I started out as an accountant, governance was an area that was invisible. Pasifika businesses and professionals were pretty much invisible in the Waikato at that time, to be honest. We were always seen as blue-collar workers, not those who become the greatest accountants or lawyers or doctors. For me, I needed to change that for the next generation, for my own children who will be heading towards those pathways.” Today, the Waikato Pacific Business Network is the organisation that is driving Pacific economic development in the region, she says. And Burgess’s governance career has also progressed. Establishing the network led to invitations to serve on organisations at a local level, then at a national level. In 2022, she completed the Institute of Directors Mentoring for Diversity programme, which matches up-and-coming governance professionals with experienced mentors. “That was an excellent programme. It gave me the platform to learn from an incredible mentor. It enhanced my ability, my perspective, my understanding of governance.” Being recognised through awards is great, she says, but her focus remains on “service” to her organisations and communities. “Growing up as a Pacific Islander, service was one of my core values. That passion for service eventually turned into a career – in governance.” Waikato River bridge build marks two-year anniversary Hamilton’s new river bridge to Peacocke has celebrated another exciting achievement with the final form of the bridge revealed. The final girder segment was lifted into place recently with the aid of the country’s second largest crawler crane. “The girder lift was a milestone moment in that the bridge’s superstructure is now finished,” Hamilton City Council executive director strategic infrastructure Andrew Parsons says. “The bridge doesn’t have a proper deck, handrails or lighting yet but the final form of the bridge is now complete. It’s stunning and there’s nothing like it in Hamilton.” The bridge beams will be visible under the bridge deck and are made from the same type of weathering steel used for the central V-shaped pier. With the bridge’s span across the river completed, the crawler crane will now be tasked with lifting a pedestrian bridge into place across the new Wairere Drive extension, at the river bridge’s northern end. The footbridge was fabricated locally by PFS Engineering in Riverlea. The bridge also represents our biggest investment in environment and ecological outcomes The bridge contract was awarded in 2020, with work starting in October of that year. At $160.2 million, it’s the largest capital contract awarded by council and includes the building of new roads in Peacocke. Parsons says the bridge is not only a significant transport connection for the new community in Peacocke but it will also enable essential services to support residential development. Hidden inside the girders are pipes for water, wastewater and cables for electricity and internet. “The bridge also represents our biggest investment in environment and ecological outcomes. “If you look at the bridge with no central pier in the river there are large areas underneath where bats can fly. These design elements contribute to the environmental outcomes from our investment.” To get the best view of activity at the bridge site, people are encouraged to access the shared path between Hamilton Gardens and Howell Avenue off Cobham Drive. Peacocke is being built with the support from the Government’s Housing Infrastructure Fund, made up of a $180.3 million 10-year interest-free loan and $110.1 million of Waka Kotahi NZ Transport Agency subsidies. The Peacocke programme will deliver a new bridge, a transport network that caters for public transport, pedestrians and cyclists, parks, and strategic water, wastewater and stormwater networks. Other work includes protecting and enhancing the environment, including the extensive gully system, opening the area to the Waikato River, and investigating community facilities which are also important parts of creating a new community in Peacocke. When completed, Peacocke will be home for up to 20,000 Hamiltonians.
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Waikato Business News October/November 2022

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