New Zealand Employment Law Reports
Volume 20 Part 8 is now available online.
Wiles v Vice-Chancellor of the University of Auckland — (2024) 20 NZELR 584
Education and training — Universities — Academic freedom — Relevance to employment relations with academic staff.
Employment relations — Personal grievances — Plaintiff employed by University as member of academic staff — Plaintiff engaged in high-profile medical and scientific commentary during COVID-19 pandemic — Plaintiff received email and social media threats, personal approaches, and “doxing” — Plaintiff sought intervention by University to protect her from such risks — University directed academic staff (including plaintiff) to limit public statements where necessary to protect with personal safety — Proper role of universities (and academics) as critic and conscience of society — Relationship between statutory good faith obligation and right to academic freedom — Right to academic freedom not engaged — Employment Relations Act 2000 ss 4 4A and 103 — Education and Training Act 2020 ss 267 and 268.
Employment relations — Breach of employment agreement — University of Auckland Academic Staff Collective Agreement — Obligation upon University to be “good employer” — Requirements of “good employer” — Statutory good faith obligation — Obligation to comply with obligations under Health and Safety at Work Act 2015 — University delayed in engaging private security advice and implementing recommendations — University’s approach was insufficient and should have been quicker — University breached obligations — Employment Relations Act 2000 ss 4 and 4A — Health and Safety at Work Act 2015 ss 22 and 30.
Treaty of Waitangi — Te Tiriti obligations — University’s obligations can only be discharged through individual staff members — Obligations do not extend to individual staff members.
Employment relations — Remedies — Appropriate relief and relationship between them — Declarations of breach of contract — Declarations of breach of good faith — Compensation — Damages for breach of contract — General damages for breach of good faith — Penalties for breach of contract — Penalties for breach of good faith — Recommendations — Employment Relations Act 2000 ss 4A 123 135 and 136.
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