The Southland Times

Weinstein judgment a #MeToo win

- Susan HornsbyGel­uk

In October 2017, the Harvey Weinstein scandal was revealed to the world. While Hollywood insiders may have known about what the film director was up to, the rest of us were increasing­ly appalled as the horror stories kept rolling out.

The conviction of Weinstein for rape and sexual assault provides an opportunit­y for closure for some of his victims, and a time to reflect on what progress has been made.

The #MeToo movement took off largely as a result of the Weinstein case, although it had actually been initiated a decade earlier by African American activist Tarana Burke.

In the employment context, the #MeToo movement called for improved policies, processes, investigat­ions and decisions when dealing with workplace sexual-harassment complaints.

The ‘‘success’’ of #MeToo is difficult to assess, largely because sexual harassment thrives in private and there is no objective means to measure it. However, what has clearly been achieved is a change in public consciousn­ess and an increased willingnes­s to call out unacceptab­le behaviour.

Media reporting is an important barometer, reflecting and influencin­g public opinion on matters of acceptabil­ity. There have been several stories over the past two weeks that are interestin­g for what they reveal about #MeToo and New Zealand.

The first related to a former law firm partner attending a New Zealand Law Society birthday event, despite allegedly being under investigat­ion by the Law Society itself for his role in a #MeToo controvers­y.

No-one can confirm whether the ex-partner is under investigat­ion or what he is alleged to have specifical­ly done, but plenty of noise has been created about his attendance at the event. The suggestion has been made that the Law Society should have stopped him attending.

What does this tell us? A common issue in sexual harassment investigat­ions is how to balance confidenti­ality against complainan­ts’ rights and the desire for transparen­cy.

This also raises the question of whether alleged offenders should be prohibited from entering into confidenti­al records of settlement with their employer where allegation­s of a sexual nature have been made. Alternativ­ely, in this case, if an investigat­ion is ongoing, why has it taken so long, and why do the complainan­ts not know what is happening?

Another story related to comments by Southland Fish and Game councillor Ken Cochrane that ‘‘I thought, I’m listening to a whole bunch of chick scientists who, if you look at the view they were pitching, everybody in New Zealand should not shave their armpits . . . should whitebait in their jandals . . . after they catch one patty for tea they should sit down, hold hands and sing Kumbaya’’.

The Southland Fish and Game Council deputy chairman called

Cochrane’s comments appalling and the council is reportedly seeking a resignatio­n from Cochrane.

This story demonstrat­es that while employers may not have the ability to change the way individual­s think or act, they do have an ability to determine what behaviours will or will not be accepted by the collective.

Certain people still hold certain views, but this doesn’t mean we have to tolerate such absurd utterances in an employment context.

The third story related to a case heard in the Employment Relations Authority. The authority found that a man was sexually harassed by his female manager who was ‘‘touchy’’ with him, and commented on and touched his muscles. She was also found to have lightly prodded his side, touched the small of his back, taken a screenshot of his tinder profile and asked ‘‘which way he would swipe for her’’.

The authority did not uphold the unjustifia­ble dismissal claim, but did find that the manager’s conduct amounted to sexual harassment. Decisions like this deliver a public statement about what sexual harassment is and what society will not tolerate.

In the employment jurisdicti­on, these cases create a helpful precedent for decisionma­kers undertakin­g their own investigat­ions, and also provide guidance for employees.

So, how far have we come in New Zealand in light of #MeToo? In an employment context, it is clear that sexual harassment is still rife.

The good news is conversati­ons are being had and decisions are being released by the courts that publicly condemn such behaviour. The flipside, however, is that this occurs after the damage has been done.

If we want to effect faster change, we need to shift the focus back to prevention. As a starting point, workplaces need to develop and implement effective policies, provide training, and ensure they have clear complaints processes and reporting obligation­s.

But policies and procedures will never be enough on their own. Workplaces need to create a culture and environmen­t where employees feel able to call out unacceptab­le behaviour, whether this is happening to them or a colleague.

While the Weinstein conviction can be considered a global success for the #MeToo movement, the issue itself of sexual harassment and assault is far from being solved.

Every single person has a responsibi­lity to take a stand against unacceptab­le behaviour and sexual harassment.

 ?? AP ?? Harvey Weinstein arrives at court in New York last week.
AP Harvey Weinstein arrives at court in New York last week.
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