1 00:00:00,920 --> 00:00:03,680 Speaker 1: Members of the academic community are celebrating the employment courts 2 00:00:03,720 --> 00:00:06,800 Speaker 1: ruling in favor of Susie Wilds last night. The court 3 00:00:06,920 --> 00:00:09,840 Speaker 1: found that the University of Auckland failed to do enough 4 00:00:09,880 --> 00:00:12,399 Speaker 1: to make sure that Susie Wylde's safety was protected while 5 00:00:12,440 --> 00:00:15,520 Speaker 1: she was acting as a health commentator during the COVID pandemic. 6 00:00:15,800 --> 00:00:18,680 Speaker 1: Number of other familiar figures from the pandemic, like Michael Plank, 7 00:00:18,680 --> 00:00:20,799 Speaker 1: Michael Baker Shorn Hendy, have all said this decision is 8 00:00:20,800 --> 00:00:24,440 Speaker 1: an important acknowledgment that Susie's public statements on COVID were 9 00:00:24,440 --> 00:00:27,240 Speaker 1: part of her job, which is something that the university disputed. 10 00:00:27,440 --> 00:00:30,760 Speaker 1: Doctor Dawn Duncan is from the university's University of Otago's 11 00:00:30,760 --> 00:00:32,520 Speaker 1: Faculty of Law and is with us. Now, hey, Dawn, 12 00:00:33,600 --> 00:00:36,559 Speaker 1: you're there. What should the university have done that they 13 00:00:36,560 --> 00:00:37,040 Speaker 1: didn't do? 14 00:00:38,360 --> 00:00:40,519 Speaker 2: Yeah, Well, this area is one that a lot of 15 00:00:40,520 --> 00:00:45,239 Speaker 2: New Zealand employers really struggle with because the risks of 16 00:00:45,479 --> 00:00:49,280 Speaker 2: harassments and threats and violence are coming from people that 17 00:00:49,360 --> 00:00:51,720 Speaker 2: they don't control. Right, They're not your workers that are 18 00:00:51,760 --> 00:00:54,840 Speaker 2: making these threats, and you don't always have the ability 19 00:00:54,880 --> 00:00:59,000 Speaker 2: to identify them or even take any action. So often 20 00:00:59,080 --> 00:01:04,280 Speaker 2: employers struggle, they don't do enough, or they push it 21 00:01:04,319 --> 00:01:08,680 Speaker 2: back onto the employee. And what this case is highlighting 22 00:01:08,800 --> 00:01:12,040 Speaker 2: is the need for employers and universities to be proactive, 23 00:01:12,640 --> 00:01:16,800 Speaker 2: to do proper risk assessments, for individual employees to find 24 00:01:16,840 --> 00:01:20,959 Speaker 2: out what's going on in their job, their specific situations, 25 00:01:21,720 --> 00:01:26,440 Speaker 2: acknowledge the reality of the job, and then take action. 26 00:01:27,000 --> 00:01:30,280 Speaker 2: So what the case was highlighting here is they needed 27 00:01:30,319 --> 00:01:32,840 Speaker 2: to get better advice and they needed to implement it 28 00:01:33,400 --> 00:01:40,880 Speaker 2: before the emergency situations happened. They needed to listen to 29 00:01:40,920 --> 00:01:44,560 Speaker 2: the staff and to really take action to take the 30 00:01:44,640 --> 00:01:45,560 Speaker 2: threats seriously. 31 00:01:46,440 --> 00:01:49,320 Speaker 1: So would I mean we could do the risk assessments 32 00:01:49,320 --> 00:01:51,120 Speaker 1: and stuff, But then what kind of action would you 33 00:01:51,160 --> 00:01:54,480 Speaker 1: take if, for example, Susie Wilds was getting death threats? 34 00:01:54,520 --> 00:01:56,680 Speaker 1: Would that be to the extent that they would be 35 00:01:56,720 --> 00:01:59,760 Speaker 1: paying for and installing security cameras at her house? Maybe 36 00:01:59,800 --> 00:02:02,960 Speaker 1: can considering putting in a safe room, getting some security 37 00:02:03,000 --> 00:02:04,040 Speaker 1: guards like would go that far? 38 00:02:06,000 --> 00:02:08,200 Speaker 2: Well, the How's Infected workout says you have to take 39 00:02:08,240 --> 00:02:12,840 Speaker 2: all reasonable steps, but what amounts to reasonable depends on 40 00:02:13,560 --> 00:02:16,480 Speaker 2: the extent of the risk. So there's a range of 41 00:02:16,560 --> 00:02:19,840 Speaker 2: things that they could be doing here, from changing the 42 00:02:19,880 --> 00:02:23,840 Speaker 2: way she's working so that she's not being exposed to 43 00:02:23,880 --> 00:02:28,360 Speaker 2: those threats, changing the way that perhaps the online technology 44 00:02:28,400 --> 00:02:31,920 Speaker 2: is being managed, who's managing that technology. It could include 45 00:02:31,919 --> 00:02:36,560 Speaker 2: physical security security at the university. It could include help 46 00:02:36,720 --> 00:02:40,440 Speaker 2: in contacting police or other agencies or setting up a 47 00:02:40,480 --> 00:02:46,280 Speaker 2: security system at home. It could include just additional support, 48 00:02:46,440 --> 00:02:51,119 Speaker 2: extra workload support. It could include counseling. There's a whole 49 00:02:51,200 --> 00:02:54,040 Speaker 2: range of things that employers can do, and the people 50 00:02:54,040 --> 00:02:55,160 Speaker 2: who think of that advice. 51 00:02:55,320 --> 00:02:58,239 Speaker 1: Where do you draw the line between somebody who's commenting 52 00:02:58,280 --> 00:03:00,639 Speaker 1: on social media, like on Twitter or Facebook and their 53 00:03:00,680 --> 00:03:03,840 Speaker 1: capacity as an academic and then somebody who is also 54 00:03:04,000 --> 00:03:07,280 Speaker 1: just like having some banter because you know, in the 55 00:03:07,280 --> 00:03:09,400 Speaker 1: private capacity, because the line is often quite blurry on 56 00:03:09,440 --> 00:03:11,840 Speaker 1: social media, the line. 57 00:03:11,600 --> 00:03:15,200 Speaker 2: Is incredibly blurry, and academic jobs are often incredibly blurry 58 00:03:15,480 --> 00:03:18,160 Speaker 2: to start with. There's a lot of things that we 59 00:03:18,280 --> 00:03:21,760 Speaker 2: do that are in that weird, slushy service category that 60 00:03:22,800 --> 00:03:25,880 Speaker 2: are kind of our jobs and kind of outside of 61 00:03:25,919 --> 00:03:29,000 Speaker 2: the strict parameters of our job as well. And media commentary, 62 00:03:29,360 --> 00:03:33,360 Speaker 2: public talks. They all sit in that box. So it's 63 00:03:33,400 --> 00:03:35,360 Speaker 2: really hard to define an advance. 64 00:03:35,520 --> 00:03:37,560 Speaker 1: Yeah, I really appreciate your time. Thank you for talking 65 00:03:37,600 --> 00:03:40,280 Speaker 1: us through as Dawn Duncan the University of Otago's Faculty of. 66 00:03:40,320 --> 00:03:44,320 Speaker 2: Law for more from Heather Duplessy Allen Drive. 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