Watchdog is in denial, says Little
The victim of a sexual harassment incident at the Human Rights Commission says she feels vindicated after Justice Minister Andrew Little backed her claims.
Little said yesterday that the commission was in denial about problems with its processes for dealing with sexual harassment claims by its own staff.
Stuff revealed this month a young American woman cut short her internship at the commission after she was groped by the organisation’s chief financial officer Kyle Stutter at a work party.
Little said commission staff believed they had handled the sexual harassment complaint appropriately. But he said: ‘‘I have a different view.’’
The HRC investigated the intern’s complaint resulting in Stutter sending her a written apology and agreeing to undertake anti-harassment counselling. He also received a formal warning and had the incident recorded on his personnel file, to be removed after three years if there were no further complaints against him.
But Stutter also sent an email to all of the commission’s employees, naming the intern and while apologising for the incident he advised staff to ask him directly for his account of events if they had any questions.
The intern says she trusted the commission to look after her; instead, she felt the complaints process and attempts to gag her became all about ‘‘protecting the organisation’’.
The victim now said she feels vindicated by Little’s response.
‘‘It is validating to finally have an objective voice saying this was wrong, because I was told for so long by the commission that they did everything right, despite it feeling wrong.’’
Little has ordered an inquiry led by retired Employment Court judge Coral Shaw to investigate the procedures the commission uses for sexual harassment complaints against its staff.
‘‘I think they’ve just got it wrong, and it concerns me that our chief human rights body, the one body that everybody in New Zealand looks to to get it right, has got it so badly wrong,’’ he said.
Chief Commissioner David Rutherford said he did not believe the commission had a ‘‘widespread problem’’ with sexual harassment.
‘‘But we are not immune to sexual harassment complaints.
‘‘We believe that the commission followed the processes in place, properly dealt with the matter, but clearly she [the former intern] doesn’t.’’
The commission is the country’s watchdog for unlawful discrimination and racial or sexual harassment.
Three months after the incident, Stutter remains employed there as chief financial officer. He threatened to sue Stuff if he was identified.
The former intern said the HRC seemed illequipped to deal with Stutter targeting her, and it didn’t acknowledge the seriousness of the incident.
Rutherford said a ‘‘proportionate penalty’’ was imposed, an apology required, training around sexual harassment given and the incident being placed on his permanent record.
Little, however, said he was not satisfied the commission was able to deal with sexual harassment complaints appropriately.
‘‘I’m not sure that the commission, at least the people that I’ve dealt with in it, accept that their procedures might be flawed.
‘‘I’m just concerned, whether there are culture issues at the commission or attitudinal issues, they ... got it fundamentally wrong.’’
‘‘[The complainant] was an unpaid intern, and the subject of the complaint was a senior manager of the commission,’’ he said.
‘‘There was a total power imbalance in that whole arrangement.’’
The victim said Little had ‘‘nailed it on the head’’ when he said the commission’s processes hadn’t taken the power imbalance at play into account.
Widespread criticism has been levelled at the commission for its handling of the incident, including from an employment lawyer who said it had failed to follow best practice.
The commission said it supported Little’s decision to order a review and looked forward to addressing any recommendations
‘‘As the Human Rights Commission we want to lead the way and demonstrate best practice in prevention and response.’’
‘‘However if there is anything we could improve we want to know about it.’’