09 July 2024

The Employment Court has ruled that Associate Professor Siouxsie Wiles’ employer breached its contractual obligations to protect her health and safety in the wake of harassment she experienced as a result of her work.

The judgment comes around two-and-a-half years after Wiles and then University of Auckland employee Professor Shaun Hendy initially filed their claim with the Employment Relations Authority in January 2022.

Dr Wiles alleged the university failed to protect her from a “tsunami of threats” she received for her public commentary on the Covid-19 pandemic. She said she had raised concerns to the university about her safety since April 2020, shortly after the pandemic began.

The university has denied unjustifiably disadvantaging Wiles, breaching their agreement or its statutory obligations. It said it had also acted in good faith towards her. However, the Employment Court’s judgment does not agree.

“This case is important for organisations where staff have public profiles or are engaging with traditional or social media,” says employment law expert, Dr Dawn Duncan.

The University of Otago law lecturer says the judgment confirms that employers have a legal duty to take all reasonable steps to protect their employees from harm, including mental and physical harm posed by third parties.

“Where employees are required to be in the public eye or have an online presence, they can face very real risks to their mental health and physical safety. Risks can include online abuse and harassment, disclosing personal information, stalking and threats of violence to themselves or their loved ones.

“Employers need to ensure they have the right policies and processes in place, that they are proactive in getting the right advice and taking appropriate action, that they listen to and work with their staff to get the right solutions, and that they tailor their health and safety responses to an employee’s individual risk profile.

“What the law requires of an employer will vary depending on the situation and the nature of the risks but could include a range of online or physical security measures, practical changes to working practices, specific training, additional workload support, help in working with Police or other agencies, or providing access to counselling.

“This case highlights the growing problem of online abuse and harassment faced by people working in the public eye. Responding to the risks posed by this behaviour is an essential part of an employer’s health and safety obligations.”

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