Staff ‘genuinely distressed’ but no bullying, probe finds
There was a “valid basis” for allegations levelled at top Hamilton lawyer Jacinda Hamilton but her behaviour wouldn’t be classed as bullying, an inquiry found.
That’s according to a statement from Crown Law after Solicitor-general Una Jagose KC’S review of the Hamilton Crown solicitor, triggered by staff complaints almost a year ago.
The review included some serious findings, noting Hamilton’s behaviour “at times fell below the standards expected,” with some staff “genuinely distressed” and their trust in Hamilton being affected.
The complaint’s main allegation was bullying of individual staff, Jagose’s statement said. In response, Marie Dew KC conducted an investigation which included interviewing 38 people.
“Ms Dew KC was not satisfied the Crown Solicitor had engaged in conduct that constituted bullying with reference to the definition used by Worksafe NZ.
“However, Ms Dew KC was satisfied that there was a valid basis for the concerns raised.”
Worksafe says one definition of workplace bullying is: “repeated and unreasonable behaviour directed towards a worker or a group of workers that can lead to physical or psychological harm”, according to Preventing and Responding to Bullying at Work guidelines.
The Waikato Times contacted Hamilton’s office for comment and was told there would be none.
However, the Solicitor General’s statement said Hamilton “has accepted responsibility, deeply regrets that some of her actions have had a hurtful impact in her workplace and is committed to making further changes”.
The probe into Hamilton’s conduct was launched in March 2023 when Jagose received an anonymous complaint with “several allegations made by current and former staff members of Hamilton Legal”.
Dew’s report noted that “at times the communication and management style of the Crown Solicitor was challenging, critical and unpredictable”.
“This was found to be a central cause of poor workplace culture for many staff,” the statement said.
Dew wrote that Hamilton didn’t know the “adverse impact of her behaviour” before the investigation.
“The Solicitor-general [Jagose] considers the factual findings of Ms Dew KC to be serious and accepts some staff have been genuinely distressed as well as staff trust in the Crown Solicitor having been undermined.”
The statement also noted Hamilton “cooperated fully” with the Dew probe and that the review “focused on the Crown Solicitor’s management and communication style and the arrangements in the office to support staff”.
“The Solicitor-general is satisfied that having been made aware of the issues raised, and the impacts described, the Crown Solicitor has already taken meaningful steps to address her style of communication and improve the culture within the firm.”
The review was not triggered by, and did not reveal, any concerns about Hamilton’s integrity or performance as a senior prosecutor for the Crown, the statement said.
Jagose said she “maintained close oversight of the review” in a rigorous process that involved meeting with Hamilton and partners in the firm, and “Ms Dew KC’S extremely thorough and sensitive investigation”.
It was clear that Hamilton Legal was making changes to better support staff, Jagose said, and she had confidence in Hamilton’s “ability to professionally lead the office” in line with expectations.
Jagose acknowledged it was difficult to raise this kind of complaint, and thanked those who did “for their courage, cooperation and engagement”, and those who participated in the investigation.