Should mayor inquiry have run its course?
An investigation into the Wairoa mayor’s alleged sexual harassment of a staff member should have proceeded to ensure the council was a safe workplace, an employment expert believes.
Stuff revealed on Tuesday that mayor Craig Little had been the subject of a sexual harassment complaint that was never fully investigated in 2017.
A preliminary assessment by Wairoa District Council found the complaint warranted a full investigation. It was discontinued when the employee withdrew her complaint. The council paid $55,652 compensation to the woman and legal costs.
Employment law expert Professor Gordon Anderson, at Victoria University, said all employers were obligated to provide a safe workplace.
‘‘Obviously, if there’s any sexual harassment going on, it’s not.
‘‘One would think that there would be a check to ensure this was a one-off and not a problem in the workplace as a whole.’’
He said it was the chief executive, as employer, who was responsible for providing the safe workplace. At the time in question, the council was run by interim chief executive John
Freeman.
‘‘It would appear some sort of settlement was involved, which suggests there is some substance to it, although without knowing the details I have no idea. If there was a complaint of sexual harassment made, it should have been properly investigated. The fact an employee withdraws it wouldn’t necessarily prevent you carrying out a fuller investigation.
‘‘If an employer knows something has potentially happened, they are entitled to follow it right through, even if the person does withdraw the complaint, just for reassurance.’’
Prominent employment lawyer Susan Hornsby-Geluk said the chief executive had an obligation to provide a safe workplace for employees, ‘‘so having been put on notice of an issue they should properly investigate to ensure there’s no ongoing risk’’.
But in cases where a complainant did not wish to continue with a complaint it could be impossible to carry out an investigation.
Local government expert and senior Massey University lecturer Andy Asquith said: ‘‘To me, this isn’t about employment law. It’s about governance and conduct in public office. We have a right to expect a certain level of behaviour by those holding public office, and quite clearly something has gone wrong if the ratepayers of Wairoa have had to spend $55,000 that could have been spent on essential services.
‘‘If I was a ratepayer in Wairoa, I’d be thinking this was not an appropriate use of public money.
‘‘Let’s be clear, would he have been re-elected if the full facts had been known?’’
The council was forced to release a summary of what had occurred after a complaint to the Ombudsman’s Office by local man Denys Caves.
Its summary said the complainant had no objection to the council ceasing the investigation and taking no further action.
The complainant did not wish to comment.
The mayor denied any breach of the council’s code of conduct and was prepared to defend himself if the investigation had gone ahead.
Little was re-elected as mayor for a third term last year.
A fourth-generation farmer at Ohuka, 40km from the town centre, he has been the district’s mayor since 2013.
The council did not respond to requests for comment.