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Harassment Law And Acc Discussion/Resources & Should ACC provide for this?

#641 User is offline   hukildaspida 

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Posted 18 March 2018 - 01:57 PM

There is much more work to be done in respect of Sexual Harassment in all aspects of our lives.
It's not only in the workplace where it happens, there are Snowball effects

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#642 User is offline   hukildaspida 

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Posted 05 June 2018 - 05:45 PM

A very long time overdue ACC https://www.acc.co.nz/ and others however please be mindful it must apply and be available for all victims/ complainants of Sexual Harassment or it will continue to fail all those who are unfortunate to be subjected to it in situations outside of the Workplace e.g. Social situations, communal/ shared living environments where one is based on the balance of probabilities more likely to encounter the same perpertrators who have "histories" elsewhere including to their former partners.
Thise same perpetrators often also have Protection Orders against them for a very good reason.

A Big Bouquet to all those who have helped bring this serious and insidious behaviour to the fore.




New Zealand
3 Jun 2018
Government considers ACC for sexual harassment victims
6:44 pm on 3 June 2018


https://www.radionz....assment-victims



The government is looking into whether it can extend ACC cover to victims of sexual harassment.
Katie Ashworth (left) and Stella Love Hart are marching against sexual harassment and assault.

Katie Ashworth (left) and Stella Love Hart are marching against sexual harassment and assault. Photo: RNZ / Nikki Mandow

The Parliamentary Under-Secretary to the Minister of Justice, Jan Logie, is having informal discussions with Minister for ACC Iain Lees Galloway about widening the provisions.

Under current law, only people who have been sexually violated have access to fully funded ACC support.

Mental stress from sexual harassment and bullying such as inappropriate comments is not included.

But Jan Logie's office said she was looking into how victims of sexual harassment can have access to the same support as those of sexual abuse.

A spokesperson said it was an issue that had been raised on a number of occasions with Ms Logie by members of the public.

Co-leader of the Green Party, Marama Davidson, supports the idea, saying the country needed to take sexual harassment seriously.

"It's come from a background, that actually in the workplace ordinary sexual harassment has probably been seen as just normal and just the way things are and may be even celebrated but Jan Logie's work is important to get an understanding that it causes harm," said Marama Davidson.
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#643 User is offline   hukildaspida 

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Posted 05 June 2018 - 05:48 PM

https://www.tvnz.co....assment-victims


Government considers ACC for sexual harassment victims
Sun, Jun 3
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Source:
RNZ rnz.co.nz

The government is looking into whether it can extend ACC cover to victims of sexual harassment.

Women holding signs speaking out against sexual harassment and assault.

Source: RNZ / Nikki Mandow

The Parliamentary Under-Secretary to the Minister of Justice, Jan Logie, is having informal discussions with Minister for ACC Iain Lees Galloway about widening the provisions.

Under current law, only people who have been sexually violated have access to fully funded ACC support.

Mental stress from sexual harassment and bullying such as inappropriate comments is not included.

But Jan Logie's office said she was looking into how victims of sexual harassment can have access to the same support as those of sexual abuse.

A spokesperson said this was an issue that had been raised on a number of occasions with Ms Logie by members of the public.


-------
Sunday, 3 June 2018
Govt considers ACC for sexual harassment victims

https://www.odt.co.n...assment-victims
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#644 User is offline   hukildaspida 

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Posted 05 June 2018 - 05:49 PM

https://www.stuff.co...iolence-workers


Uni Association investigated allegations staffer sent penis pics to sexual violence workers

NZUSA's partnership with ACC on a three-year sexual violence prevention programme for campuses was suspended after ...
ROSS GIBLIN/STUFF

NZUSA's partnership with ACC on a three-year sexual violence prevention programme for campuses was suspended after allegations a staffer sent 'dick pics' to fellow workers on the programme. (File photo)

The New Zealand University Students' Association (NZUSA) investigated allegations a staffer sent multiple penis photos to fellow workers on an ACC-backed campus sexual violence prevention programme.

The allegations surfaced on blogger David Farrar's Kiwiblog website on Wednesday morning claiming the accused male staffer "departed" as the accusations were made late last year.

Last year, ACC put $1.4 million towards preventing sexual violence on campuses in partnership with the national union.
NZUSA president Jonathan Gee.
AMY JACKMAN/STUFF

NZUSA president Jonathan Gee.

It involved training programmes and a review of policies around sexual harassment and sexual violence prevention in tertiary institutions.

READ MORE:
* Young Nats not immune to 'boozy over-indulgence', says long-time party member

The agreement came after the relaunch of the Thursdays in Black campaign, where people wear black to show solidarity with survivors of sexual violence.

Spokesman James Funnell said ACC became aware of allegations of sexual harassment and poor employment practices by NZUSA in December last year.

"These issues were referred to the NZUSA president to investigate and provide feedback. In late January, ACC and NZUSA agreed to suspend the contract.

Funnell said NZUSA had undertaken a "robust internal investigation" which was now over.

"We are satisfied that the matter has been appropriately handled. We are now working with them on the next steps to ensure the continuation of the Thursdays in Black campaign and important sexual violence prevention work on tertiary campuses."
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In a statement, NZUSA president Jonathan Gee said the organisation had faced increasingly difficult financial situation in recent years, resulting from the introduction of voluntary membership of student associations in 2011.

"In the year immediately after the change our income dropped by more than half, from approximately $460,000 in 2011 to $189,000 in 2012 ... this forced us to look beyond our membership revenue to ensure the organisation continued."

This included a contract with ACC, which Gee confirmed was recently suspended by mutual agreement

"We are working with ACC to determine next steps."

Gee did not address the inappropriate photos directly, but said issues arising from any employment matter were dealt with in accordance with its legal obligations.

"Ensuring a positive and safe working environment for staff is a top priority. We are currently reviewing our policies and practices to ensure they are consistent with this commitment."

Gee also confirmed that as a result of serious financial pressure, it had asked the main member organisation to pay next year's membership levies in advance.

"We knew it was a lot to ask, but the fact that every member association discussed it and stepped up shows the confidence they have in us."


- Stuff
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#645 User is offline   Alan Thomas 

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Posted 05 June 2018 - 08:20 PM

In what way did the ACC "invest" $1.4 million to prevent sexual harassment?
Something sounds very fishy with some that large going to an organisation it could not possibly have spent so much money on the stated purpose for that vast sum of money. Not only is the ACC squandering our levies but it is also aggravating the situation in direct contradiction demonstrating a very high likelihood of corruption the goes well beyond that of sending Inappropriate photographs.

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#646 User is offline   Brucey 

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Posted 06 June 2018 - 08:34 AM

View PostAlan Thomas, on 05 June 2018 - 08:20 PM, said:

In what way did the ACC "invest" $1.4 million to prevent sexual harassment?
Something sounds very fishy with some that large going to an organisation it could not possibly have spent so much money on the stated purpose for that vast sum of money. Not only is the ACC squandering our levies but it is also aggravating the situation in direct contradiction demonstrating a very high likelihood of corruption the goes well beyond that of sending Inappropriate photographs.



Really, and you know this how?
You have made a lot of stupid and unsubstantiated accusations Thomas. How could you possibly know if the money has been spent on the stated purpose, and if in fact any money has been squandered.
And nothing you mention,demonstrates any level of corruption.
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#647 User is offline   Alan Thomas 

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Posted 06 June 2018 - 10:30 AM

View PostBrucey, on 06 June 2018 - 08:34 AM, said:

Really, and you know this how?
You have made a lot of stupid and unsubstantiated accusations Thomas. How could you possibly know if the money has been spent on the stated purpose, and if in fact any money has been squandered.
And nothing you mention,demonstrates any level of corruption.


Perhaps you should have read the article above that I was referencing.
Please desist from your harassment of me.

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#648 User is offline   hukildaspida 

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Posted 07 June 2018 - 05:13 PM

One must not overlook the case involving Accident Compensation Corporation https://www.acc.co.nz/ and Georgia Choveaux from 2008 Employment Court.

Choveaux v Accident Compensation Corporation (Wellington) [2008] NZERA 859; WA 50/08 (28 April 2008)

http://www.nzlii.org...RA/2008/859.pdf
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#649 User is offline   hukildaspida 

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Posted 07 June 2018 - 05:35 PM

There's nothing worse for any complainant/victim of Sexual Harassment in any place, whether it be a workplace, a shared with flatmates/ boarding houses etc arrangements or where one conducts there social life - which we are all entitled to do and that includes those off work on ACC for injuries, etc than to have a lack of appropriate support in place.

It takes courage as it is to report Sexual Harrasment without been retruamatised because those who subject there targets in to it know how to make one's life hell and beat systems in place to address THERE PROBLEMS.

We must all address the ongoing issues in the wider picture of things including that the perpetrators are the one's that get "help" for there PROBLEMS & ensured they are removed not the target whose lives are tipped upside down by there unsolitied behaviours.

It's challenging enough to have to stop living the life one should be able to actively engage in without having job losses, changing homes, financial losses and all other related issues to contend with that arise from been on the recieving end of Sexual Harassment.



New Zealand
4 Jun 2018
ACC cover for sexual harassment victims makes sense - advocates
7:30 am on 4 June 2018


https://www.radionz....sense-advocates



ACC cover for victims of sexual harassment would be an excellent idea despite challenges, say lawyers and an advocacy group.
Katie Ashworth (left) and Stella Love Hart are marching against sexual harassment and assault.

Katie Ashworth (left) and Stella Love Hart are marching against sexual harassment and assault. Photo: RNZ / Nikki Mandow

The Parliamentary Under-Secretary to the Minister of Justice, Jan Logie, is having informal discussions with the Minister for ACC, Iain Lees Galloway, about widening the provisions.

Ms Logie's office said no formal decisions have been made so far.

Project Restore NZ, a restorative justice organisation for perpetrators and survivors, said it would make a lot of sense for ACC to extend cover to include those who have experienced sexual harassment.

Its executive director Lisa Markwick said employees are entitled to cover someone if they receive physical injuries but mental injury from unwanted sexual comments or behaviours is just as damaging.

"It's not difficult to recognise mental harm and distress when it's being explained to you and link it to its cause, which in this case would be sexual harassment," she said.

Ms Markwick is optimistic that the extension will become a reality and said she was happy to talk to government about how to implement changes.

ACC lawyer John Miller supported the cause but said having the cover could be a double-edged sword.

"Although you have cover, your entitlements may be poor, and if you have cover you can't sue anyone for damage, so it needs to be thought through carefully," he said.

But fellow ACC lawyer Hazel Armstrong said it was important for victims to get help straight away.

"What I'm trying to avoid for the victims is them having to go through their HR, naming the victim and going through some form of litigation prior to receiving any treatment," she said.

Ms Armstrong said ACC is already available for people dealing with mental stress after witnessing traumatic events and this would simply be an extension of that.

Project Restore NZ
https://projectrestore.nz/our-staff/
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#650 User is offline   hukildaspida 

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Posted 07 June 2018 - 05:44 PM


Her boss drew sketches of her while she worked. When she complained, HR said he had a 'knack for it'


JOHN ANTHONY

Last updated 17:44, June 3 2018

http://www.stuff.co....xual-harassment

Semira Davis used to sit at her doorstep, scared to go to work at a job she loved. The thought of spending another shift in the presence of one of the bosses caused her to freeze.

"I just remember feeling fear," Davis says. "It was going into a situation I felt I didn't have control over."

Davis grew up poor in Kaitaia. She got a job at the local ASB bank branch after high school before being transferred to Auckland around 2008 to work full-time as a customer service representative.

She joined a small and close-knit team which dealt with customer inquiries by email. Davis liked her job – she felt she was good at it and it was well-paid.

READ MORE:
* Alison Mau: Public must back sexual harassment survivors
* #MeTooNZ FAQ: Harassment and confidentiality agreements
* Alison Mau: The legal profession's 'dirty secret' exposed
* No one else launched an NZ #MeToo investigation

But her feelings towards her work took a turn when she became the target of unwanted attention from one of the managers.

The man would run his hands through her short hair when he walked past her desk "for good luck", she said. Sometimes it was stroking from her neck upwards, other times it was ruffling the top of her head, she said. She asked him to stop but it continued, she says.

He would give her hugs on a regular basis, she said. He asked permission for these, and Davis found it difficult to say no.

He would draw realistic sketches of her as she worked at her desk which made her feel "physically ill". "That creeped me out."

The most frightening incident came one afternoon when he gave her a ride home and, after parking outside her house, she alleges he put his arm around her shoulder and pulled her head onto his chest, she says.


Davis complained to her managers, but nothing changed so, after five years at the bank she laid a formal complaint with HR, which triggered an investigation.

But over the ensuing months, as the bank variously accepted, denied and okayed his behaviour, Davis' stress levels mounted and her job performance deteriorated. She began calling in sick. Whole days would pass in which she achieved little work. Eventually, the bank sacked her – but the boss kept his job.

What Davis suffered was not at the more serious end of the scale of workplace sexual harassment, she would be first to acknowledge. And she admits that her performance in the job deteriorated dramatically, leading to her dismissal. But what her story discloses, she argues, is the failure of many employers to take complaints of harassment seriously – and how the trauma of being disbelieved and disregarded can be as painful as the original harassment.

Now, Davis is speaking out: she says there is too little support for victims of sexual harassment. Organisations close ranks, and agencies like ACC that should help don't.

SMOKING GUNS PROVE ILLUSORY

Workplace harassment and bullying typically result in lower productivity and commitment levels from the victim, absenteeism, anxiety, depression and low morale. That's not Davis speaking – that's the informed analysis of Massey University school of management lecturer Kate Blackwood, who researches psychosocial factors in workplace health and safety.

Bullying and harassment is often a workplace culture problem, rather than an interpersonal issue, Blackwood explains. "The focus needs to be on not letting it happen in the first place. There need to be better support systems in place."

Managers are not trained in dealing with harassment and bullying, she says, and investigations into bullying and harassment very seldom uncovered evidence of it happening. "A lot of cases of bullying are not upheld."

In the past 10 years ACC has paid out more than $636 million in 193,000 claims relating to mental trauma caused by sexual assault – and each year the figure is rising.

But not sexual harassment: that isn't a Crimes Act offence, and any injury resulting from it is not covered by ACC, an ACC spokesman says. For example, offensive sexual jokes in the workplace can constitute sexual harassment, but could not amount to a crime, he explains. "Even if such jokes were to cause the victim to suffer a mental injury, the perpetrator could not be prosecuted under the Crimes Act and the victim could not have ACC cover."

​Semira Davis said if ACC did cover counselling for mental injury resulting from sexual harassment, she would have taken the opportunity.

ANOMALIES AND LOOPHOLES


There are many, many people, both women and men, who suffer sexual harassment. But our laws were written in times when harassment was not taken seriously; our corporate cultures took form in eras when casual and commonplace sexual harassment was tolerated and sometimes celebrated. These laws, these cultures do not translate well to the 21st Century.

We spoke to another woman who took a senior marketing job with a major New Zealand corporation, and soon became the target of inappropriate comments from the manager of her business unit. He would comment on her body quite openly, and would walk up behind her and run his finger down her back in the kitchen area, in front of other staff.

Talking to her at a black tie industry awards night, the manager told her "I didn't hear a word you said, I was too busy looking at your breasts."

Feeling the situation could get out of hand, the Wellington woman went to HR. Without informing her of their intentions, the HR department set up a meeting with her manager, where she was told there must be something wrong with her, because it was "all in her imagination".

She was soon shifted to another department – effectively demoted – and her confidence took a dive. She spent the next 10 years battling serious depression and describes feeling suicidal.

"I don't think I ever really found my confidence in the workplace again," the 47-year-old says. "I avoid staff social events like the plague, even Christmas parties, I never wear clothes that draw attention or show my body shape. I feel most comfortable just blending in."

The woman was not offered any counselling by her company, but found a women's depression support group online. This led her to understand she needed counselling, and over the years has spent "thousands of dollars" on private counselling sessions.

Counselling brought another issue to the surface – sexual abuse in her childhood – and she was eventually able to file an ACC claim. She believes she would not have been eligible for ACC help for her workplace harassment, despite the effect it had on her life.

"If I'd known about it earlier I would have been able to sort myself out much more quickly. My kids would have had a mum who was more present for those years. I grieve for all those years I lost."

MINISTER CONSIDERING ACC COVER

Jan Logie is the Parliamentary Under-Secretary to the Minister of Justice, responsible for addressing domestic and sexual violence. She has been holding "informal discussions", her office says, around extending ACC cover to victims of injury stemming from sexual harassment.

This weekend her colleague, Marama Davidson, co-leader of the Green Party, reveals the party will be pushing hard in Government to ensure ACC-funded support and counselling is available to people who suffered injury as a result of sexual harassment.
Green Party co-leader Marama Davidson says mental injury from sexual harassment should be covered under ACC.
JASON DORDAY/STUFF

Green Party co-leader Marama Davidson says mental injury from sexual harassment should be covered under ACC.

She has heard from a lot of women who have suffered harassment and says it should be treated as a health and safety issue: "It's harder to quantify and it's harder to prove yet they're still feeling the damage and trauma from it."

"It's something that we would be happy to advocate for because sexual harassment does still absolutely leave injury."

The Government is trying to better understand the scale and impact of sexual harassment; others like journalist Alison Mau are doing similar work in the #MeTooNZ investigation, which is being supported by Stuff.

What is clear is that the official complaint figures massively under-report the incidence of serious harassment. ​The Employment Relations Authority has received only 19 sexual harassment applications since, in November 2016, introducing a system to record sexual harassment.

Help executive director Kathryn McPhillips says the figures show "gross under-reporting".

Sexual harassment could range from inappropriate comments to a full abuse of power, she explains. "It's something that we're hearing about every day. At that end of things people need treatment."
Help executive director Kathryn McPhillips says most sexual harassment in the workplace goes unaddressed.
DANIELLE STREET/STUFF

Help executive director Kathryn McPhillips
says most sexual harassment in the workplace goes unaddressed.

Perpetrators need treatment to help them understand what they have done and why they did it, she says. "Often there can be a history of prior sexual harassment or sexual abuse."

And victims need help, because the harassment can cause loss of confidence, and lead to anxiety or depression. "That power difference becomes exacerbated ... because you've got a person in a vulnerable psychological state versus someone who is feeling more empowered because they're getting away with something."

One organisation that is helping both perpetrators and survivors is Project Restore NZ, which provides a restorative approach to justice where sexual harm has occurred. It deals with rape, online sexual assault and workplace sexual harassment.

Executive director Lisa Markwick says given that workplaces pay ACC on behalf of staff, it makes sense that staff should be able to access ACC-funded counselling for mental injury related to workplace sexual harassment.

"They could save many millions of dollars for themselves and years of heartache for those they serve."

THE ASB INVESTIGATION

For Semira Davis, one of the most difficult parts of laying a sexual harassment complaint is that much of the perpetrator's behaviour was witnessed and acknowledged by other staff – but not every woman who was hugged, or subjected to the manager's dubious artistic attentions, felt it crossed the threshold of harassment. For Davis, it did.

The manager "loves to draw", according to an investigation summary obtained by Stuff.

"And he has a knack for this. In our meeting he draws an elephant in about five seconds, demonstrating a true skill."

To a HR team member who asks him to draw a picture of an elephant, it may be a true skill. To a worker who looks around to find him sketching pictures of her without her consent, it can be creepy, even scary. Certainly unwelcome.

Other allegations were just ignored (the hair-touching complaint was not addressed in the summary) or rejected (the manager said he had no recollection of giving Davis a ride home).

Yet Davis was not alone. Previously, in early 2011, another worker had raised concerns about the manager hugging other female workers. Upper management discussed it with him, and "it is understood the hugging had ceased", the summary said. No further action was mentioned.

A month after the investigation, Davis was fired. The dismissal was a result of ongoing absenteeism and "behavioural issues". She had been continually late for work and had unaccounted time on some shifts including 330 minutes on one day and 351 minutes on another. She had also exceeded her sick leave entitlement for the year.

Davis does not dispute this. And at the time she did not attribute her sick leave to issues with her manager. But she now believes the mental stress manifested in physical sickness.

Davis was asked by ASB to leave immediately and paid a month's wages.

Her lawyer, Joanna Maskell, made an application to the Human Rights Commission seeking compensation for sexual harassment.

In the complaint, Maskell said ASB did not adequately deal with Davis's complaints of sexual harassment over the years, and the bank's investigation was "deeply flawed". "As a result Semira has suffered severe financial hardship losing her job, not being able to find a new one as she cannot rely on ASB bank giving her a reference."

The complaint led to a mediation with Davis and ASB. After some back and forth at the mediation table, ASB settled with Davis for about $5000 – on the condition she signed a gagging order to not disclose what had happened to her.

Legal opinions provided to Stuff suggest such non-disclosure orders are likely to be legally unenforceable, as courts around the world have declared them to be unconscionable and often signed under duress.

This week, ASB said it would not discuss specific details about Davis' case.

In a written statement the bank said it took any employee complaints seriously "because we believe our people should feel safe and respected every time they come to work".

"We expect our people to uphold our organisational code of conduct and values at all times and we do not tolerate any form of harassment, bullying, or discrimination."

The bank investigated complaints "thoroughly", it said.

"We are disappointed that Ms Davis feels this was not her experience while at ASB and we would be happy to discuss this with her."

LIFE AFTER

It's been a long way back for Davis – she still feels deeply damaged. After being sacked from ASB, she went on a sickness benefit and slipped into a downward spiral of depression. "I went from earning decent money to being on 150 bucks a week."
Semira Davis on sexual harassment: "It did not stop when I asked it to stop, or when I took it to management."
ROSS GIBLIN/STUFF

Semira Davis on sexual harassment: "It did not stop when I asked it to stop, or when I took it to management."

She attempted suicide, broke up with her wife, and spent time on anti-depressants. "I just went into this really dark cycle."

The reason she was so affected by the manager's actions was partly due to being raped as a 19-year-old, she said.

"The harassment was ongoing over several years, and wasn't serious in the grand scheme things, but it triggered memories of past and worse experiences."

Critically: "It did not stop when I asked it to stop, or when I took it to management."

She underwent counselling and now lives in Porirua with her two-year-old daughter.

Davis says she still cannot "shake the fear that bubbles up" when reflecting on those days.

* Contact Alison Mau privately by messaging her Facebook or Twitter page, email [email protected]

- Sunday Star Times
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#651 User is offline   hukildaspida 

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Posted 07 June 2018 - 05:48 PM

Government to start tracking sexual misconduct in the workplace

https://www.stuff.co...n-the-workplace

A national register of workplace sexual misconduct is set to be established by July.

The extent of sexual harassment at work is currently unknown, as the Ministry of Business, Innovation and Employment has never kept data on it.

But under the direction of Women's Minister Julie Anne Genter, MBIE is set to begin keeping centralised records on allegations of workplace sexual misconduct.

Genter has asked MBIE to provide advice as to how that data could be used, for example to track patterns of sexual harassment complaints by employer.

READ MORE:
* 'That's not sexual harassment, is it?' The untold stories of abuse
* Group formed to fight sexual harassment in New Zealand's screen industry
* Michelle Duff: If you stay silent, our girls will think it's their fault

"Many women have had unsafe experiences in the workplace - this needs to stop, and there needs to be consequences for workplaces that don't take action," she said.

"The more people know about the scale of the problem, the more we can do to address it."
The Harvey Weinstein revelations led to the Me Too and Time's Up movements.
ANDREAS RENTZ/GETTY IMAGES

The Harvey Weinstein revelations led to the Me Too and Time's Up movements.

The move comes against the backdrop of a global conversation about sexual harassment and abuse, triggered by revelations of misconduct by Hollywood magnate Harvey Weinstein. New Zealanders are among those worldwide who have shared their stories in the #metoo and #timesup movements.

Creation of the register is being welcomed by Equal Employment Opportunities Commissioner Dr Jackie Blue, who said she approached MBIE about collating national data on sexual harassment several years ago.

Currently, people who experience workplace sexual harassment can lodge a complaint with MBIE or the Human Rights Commission. Both of these avenues use mediation as a first option, with legal action taken in either the Employment Relations Authority or the Human Rights Review Tribunal if this fails.
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In the past three and a half years the Human Rights Commission has received 215 complaints of sexual harassment — 84 per cent from women.
Equal Employment Opportunities Commissioner Dr Jackie Blue says collation of the data is overdue.
MARK COOTE

Equal Employment Opportunities Commissioner Dr Jackie Blue says collation of the data is overdue.

Dr Blue considers the true incidence is higher. "I'm sure it's under-reported for a lot of reasons, and the current global campaign shows it is much bigger than we think. It is a human right to feel safe as you go about your business.

"That's why I'm very happy MBIE are looking at collecting data - and we should be looking at adding our data to theirs."

The sexual harassment data would be collated within the same system MBIE uses to collect and store data about employment complaints and mediations. Its use is covered by MBIE's Code of Conduct, the Official Information Act and the Privacy Act.


IS HARASSMENT BEING RECOGNISED?

Employment lawyer Barbara Buckett said any cultural shift - including recognition of the issue - must start from the top.

"Our workplaces are so slow to respond to these things. In New Zealand we still have that mentality and cultural ethos when it's difficult for one person to stand up, especially when they are in a culture that sponsors that behaviour."

There was often a power imbalance between complainant and perpetrator, resulting in the victims' experiences being minimised. "The employer will say; 'He is highly valued, he is a high performer, he is just a lad.' There's no support - you're marginalised very quickly."

The day she spoke to Stuff, Buckett attended an employment mediation with a young women whose harassment had "harrowing" effects. She would likely be forced from her job.

"Her option is to leave employment that she enjoyed, as she no longer trusts her employer to keep her safe," Buckett said.

"Even after she reported the harassment and inappropriate behaviour they did nothing to ensure that she didn't encounter the perpetrator, insisting he continue to work in her environment."

A difficulty of the Employment Relations Act was the necessity for the victim to prove the harassment, and that their employer knew about it, Buckett said. This put the onus of proof on the victim.

This was not the case under the Human Rights Act, used by the Commission, under which the employer has to prove that they actively tried to prevent the harassment.

One woman, who did not want to be identified, says taking a sexual harassment case against her former workplace under the Employment Relations Act was "frightening and stressful." She was afraid no-one would believe her, and sought support from sexual violence agencies.

"I really do hope that more women can come forward, but it's not easy. Support is the biggest thing you need."


Employment lawyer Susan Hornsby-Geluk said MBIE collecting records was a positive step, especially if it led to more support for victims.

Current barriers to reporting harassment included going on the record — a difficult prospect when the harasser was a boss, or colleague who the victim must continue working with — employers' lack of knowledge, and the time it took to resolve claims.

Do you have to a story to share? Contact [email protected]

HOW TO GET HELP

If you've been sexually harassed at work, you can complain to the Ministry of Business, Innovation and Employment (0800 20 90 20) or the Human Rights Commission (0800 496 877). MBIE grievances must be lodged within 90 days of the harassment. HRC complaints must be within 12 months.

- Stuff
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#652 User is offline   hukildaspida 

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Posted 24 July 2018 - 02:50 PM

This is not an isolated incident where those who have been subjected to similar abhorrent questioning and tactics.

Exactly the same situation arose around 14 years ago in New Zealand, within the legal system, where a woman who had courage to speak up about ongoing unsolicited sexual and other Harassment that they to were factually subjected to, behaviours that the Police http://www.police.govt.nz/ in part knew what the complainants (note plural) had been factually subjected to and they folowed up on the complainants complaints.

A Diary record had been kept of all incidents that was used to help ensure the offenders received the required treatment they desperately needed to reform and cease such heinous acts.

Most unfortunately this was the same era of Policing in New Zealand that now former Police Offices involved in the Lousie Nicholas cases were in the Police force and one of the key offenders was a close associate of them and took his rotten to the core lewd and grotesque behaviours to his grave.

The woman complainant was repeatedly subjected to deaming behaviours, a joke was made out of her sex life with her long term partner in the presence of more than 40 strangers who were aghast - Since when has it been anyone's business if they have a sex life or not? - Matters that "normal" people don't go around asking anyone about and was no one else's business.

Such behaviours that are grossly inappropriate to be carried out by Lawyers and others who were told the facts and failed to comprehend the basic Legal Rights enshrined to all Human Beings to have their "Personal Safety and be free from sexual and other Harassment.

Such barbaric behaviours were also endorsed by those who should know much better including those working at and on contract with https://www.acc.co.nz/

It came as absolutely no surprises that the Legal Fraternity, including Judges, are guilty of endorsing and failing to understand and address the impacts of Sexual Harassment and the insidous way it occurs in New Zealand.

As long as we live in a society where certain people have "Power and Control" ego trips and claim they are "I'm the best in the business" and put women down for having courage to speak up and ask for help when subjected to sexual harassment we will continue to have to face unnecessary challenges and unwanted behaviours that are simply unacceptable in a right thinking "normal" society.

New Zealand's Public Service has it's own shameful dirty secrets that must come out into the open and those responsible must held to account.


For full content of this article please click on the link.

Banking
'At-fault' ANZ bank apologises for questioning in sexual harassment case

Shayne Elliott says bank was not aware of lawyers’ plan to grill a former trader about her rape as a teenager


https://www.theguard...harassment-case

Helen Davidson
@heldavidson
Email

Sat 21 Jul 2018 04.55 BST

The chief executive of ANZ will apologise to a former employee who is suing the company after its New York legal team questioned her about her rape as a teenager during a deposition hearing in a sexual harassment claim.

Shayne Elliott said “a serious line was crossed” and he would instruct the bank’s lawyers not to use the information – gained through a deposition – in the trial, after he was alerted to a story in Fairfax newspapers on Saturday.

The report contained details of a deposition transcript from the multimillion-dollar lawsuit. The former senior trader at ANZ’s New York office is suing the bank and its head of corporate sales for America, Ravi Nursey, over alleged sexual harassment in the workplace.

Lawyers representing ANZ reportedly questioned the woman about the time she was sexually assaulted as a freshman at a US university, as well as details of her sexual history, whether she had ever had a sexually transmitted disease, and if she had sought psychiatric assistance.
Coalition launches inquiry into sexual harassment over #MeToo revelations
Read more

In defence of an objection, the lawyer reportedly suggested the woman might have overreacted to incidents at work.

Alerted to the report on Saturday morning, which included a comment from an ANZ spokesman, Elliott said in a tweet that he did not know about the apparent legal strategy.

“I apologise. This is wrong and not acceptable. We were not aware of our external NY lawyers strategy and should have been. We have instructed them that this is not to be used during trial and and I will apologise to the complainant personally.”

In subsequent tweets, he said “a serious line was crossed” and that ANZ should have known about the strategy and was “at fault” because it did not.

“It was wrong. We were wrong. Our people and our lawyers were wrong.”

The Fairfax report said the trader’s lawyer had sought to have the testimony kept out of the trial because “it appears as if the defendants intend to use this material at trial to similarly embarrass and demean [her]”.

“This disgraceful tactic constitutes a blatant continuation of the harassment and retaliation [the trader] suffered at ANZ.”

The ANZ spokesman had also said the legal team would be instructed not to use the testimony.

“We are disappointed this line of questioning was put to [the trader] by our external lawyers handling the matter in New York,” he said in a statement.

“We are aware that the law and practice in the United States is different to Australia, however the questioning was not consistent with our culture or values and we don’t consider [the trader’s] past sexual history or her being the victim of sexual abuse relevant to our defence.”
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#653 User is offline   hukildaspida 

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Posted 24 July 2018 - 03:05 PM

An observation in the application form it says on page 2
6.
I am not aware any allegations of workplace bullying or sexual harassment have been made
against me of
a law firm I have worked for
.


May we reasonably suggest that you ensure that the said applicants also have their Police records checked along with if they have Protection Orders or Restraining Orders against them and if in fact they have ever had any experience within the Court Systems of the complex Harassment Act and how they fared in the later.

There are good and rotten eggs everywhere.

We can only hope that there will be a balance of genders on this committee and that any inappropriate behaviours that are investigated are also reported to the Police so it is on there records should any other matters arise, the Police after all are Her Majesty's appointed agency to investigate such matters.


Lawyers wanted for bullying and harassment complaints committee

Last updated 17:28, July 20 2018



https://www.stuff.co...aints-committee

The Law Society is looking for members who have experience dealing with unacceptable behaviour in the workplace, to sit on a new complaints committee.

The society is establishing the committee in the wake of numerous reports of sexual harassment, racism and bullying, and a survey that found widespread harassment in the legal profession.

It is calling for people interested in being members of the new committee to step forward.

To be eligible for membership people have to have been lawyers for five years, and have dealt with unacceptable conduct in the workplace, either directly or indirectly through giving support or guidance.

READ MORE:
* Widespread harassment, bullying and racism identified within the law profession
* We need to talk about law's dirty little secret
* Sexual harassment is a legal industry 'norm'
* Lawyer was told to bend over by senior barrister

The society's board will appoint the members.

Candidates must be of good character and have the judgment to decide complaints appropriately, the society says.

The committee will be based in Wellington but members can use video links to take part. Applications should be made to the Law Society by August 2.
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