1 00:00:01,680 --> 00:00:04,880 Speaker 1: The only drive show you can trust to ask the question, 2 00:00:04,960 --> 00:00:07,840 Speaker 1: which we get the answers, find a fact sing and 3 00:00:08,600 --> 00:00:12,360 Speaker 1: give the analysis. Here the duplicy Ellen Drive with One 4 00:00:12,480 --> 00:00:16,520 Speaker 1: New Zealand and the Power of Satellite Mobile News orgsv. 5 00:00:18,160 --> 00:00:22,000 Speaker 2: Afternoon. Dame Nolean Toto's latest round of interviews has raised 6 00:00:22,040 --> 00:00:25,040 Speaker 2: more questions than answers. She says she doesn't know why 7 00:00:25,120 --> 00:00:29,240 Speaker 2: she was stood down from her job. In real simple terms, 8 00:00:29,320 --> 00:00:30,040 Speaker 2: I don't know. 9 00:00:32,320 --> 00:00:34,680 Speaker 3: And I can't tell you, and that's that's by truth. 10 00:00:35,000 --> 00:00:36,680 Speaker 2: And with regards to how she managed to get the 11 00:00:36,720 --> 00:00:39,320 Speaker 2: job back and whether she was cleared of whatever allegations 12 00:00:39,320 --> 00:00:41,800 Speaker 2: were leveled against her, there's been no investigation. 13 00:00:43,159 --> 00:00:46,720 Speaker 1: What I am happy with is that I'm I'm reinstated 14 00:00:46,960 --> 00:00:49,760 Speaker 1: and I'm looking forward to the Commonwealth game. 15 00:00:50,479 --> 00:00:52,360 Speaker 2: In the last half hour, Neple New Zealand has sent 16 00:00:52,440 --> 00:00:55,360 Speaker 2: us a statement attributed to Dame Nolene saying the review 17 00:00:55,400 --> 00:00:57,959 Speaker 2: did not clarifying her statements from this morning, by the way, 18 00:00:58,320 --> 00:01:00,760 Speaker 2: saying the review did not get into specific details or 19 00:01:00,800 --> 00:01:04,399 Speaker 2: allegations in a way that could identify individual players, So 20 00:01:04,520 --> 00:01:07,240 Speaker 2: those are the details I don't have. Netborre New Zealand 21 00:01:07,240 --> 00:01:09,000 Speaker 2: has declined to come on the show to talk about it. 22 00:01:09,040 --> 00:01:10,759 Speaker 2: Max Whitehead is an employment expert. 23 00:01:10,800 --> 00:01:13,440 Speaker 3: H Max, Hi, the he do? 24 00:01:13,720 --> 00:01:16,960 Speaker 2: Max, I'm well, can you stand down an employee without 25 00:01:17,040 --> 00:01:19,440 Speaker 2: telling them specifically what they're accused. 26 00:01:19,040 --> 00:01:23,200 Speaker 3: Of the answer to that is no, you cannot do 27 00:01:23,360 --> 00:01:27,800 Speaker 3: that because, particularly somebody high profile, like in this circumstances, 28 00:01:28,200 --> 00:01:32,800 Speaker 3: because everything's exaggerated and everything's you know, ratchet up on 29 00:01:32,600 --> 00:01:36,360 Speaker 3: the fact that she's high profile, it's costing her reputation 30 00:01:37,240 --> 00:01:39,920 Speaker 3: and the fact that the employer has an obligation on 31 00:01:40,000 --> 00:01:44,000 Speaker 3: good faith and a natural justice to provide her with 32 00:01:44,080 --> 00:01:48,400 Speaker 3: a name and people of what the allegations are. If 33 00:01:48,480 --> 00:01:52,120 Speaker 3: what she's saying is correct and she hasn't been notified 34 00:01:52,120 --> 00:01:55,160 Speaker 3: of that, then there's a complete breach of the obligation 35 00:01:55,240 --> 00:01:58,920 Speaker 3: of an employer here. If they are employers, so what 36 00:01:59,040 --> 00:02:02,000 Speaker 3: about and so not even if she's a contractor, Heather, 37 00:02:02,520 --> 00:02:06,600 Speaker 3: then they've still got obligations to treat her in you know, 38 00:02:07,720 --> 00:02:10,320 Speaker 3: in the fairness of the whole situation. 39 00:02:10,400 --> 00:02:12,560 Speaker 2: So what about the argument they've obviously leveled to her, 40 00:02:12,639 --> 00:02:15,760 Speaker 2: which is, we can't tell you the specific allegations because 41 00:02:15,800 --> 00:02:18,880 Speaker 2: doing that would be naming the players, and we've promised 42 00:02:18,880 --> 00:02:19,960 Speaker 2: the player's anonymity. 43 00:02:22,280 --> 00:02:25,040 Speaker 3: Well, that's the problem. They shouldn't have even raised it 44 00:02:25,080 --> 00:02:29,160 Speaker 3: and they even acted on it. Because I coach a 45 00:02:29,480 --> 00:02:34,840 Speaker 3: coach HR people all the time. Do not accept confidential promises, 46 00:02:35,520 --> 00:02:38,560 Speaker 3: don't engage with them. Because if a person says, can 47 00:02:38,639 --> 00:02:40,640 Speaker 3: I keep this confidential, but I want to talk about 48 00:02:40,639 --> 00:02:43,040 Speaker 3: so and so, well you've got to say, well, if 49 00:02:43,040 --> 00:02:45,359 Speaker 3: you want us to fix it, then you need to 50 00:02:45,440 --> 00:02:47,320 Speaker 3: let us know because we're going to have to confront 51 00:02:47,360 --> 00:02:50,840 Speaker 3: that individual, okay, and we have a legal obligation to 52 00:02:50,919 --> 00:02:55,280 Speaker 3: notify them in natural justice what the who their accuser 53 00:02:55,400 --> 00:02:57,000 Speaker 3: is and what their accusations are. 54 00:02:57,200 --> 00:02:59,720 Speaker 2: So then when she says that there was no investigation 55 00:03:00,080 --> 00:03:03,040 Speaker 2: for being reinstated, that explains this, doesn't it? There was 56 00:03:03,040 --> 00:03:06,760 Speaker 2: no investigation necessary because they simply changed their mind about 57 00:03:06,760 --> 00:03:08,560 Speaker 2: standing her down. They realized that. 58 00:03:09,919 --> 00:03:12,040 Speaker 3: I guarantee this is your next point. More then, why 59 00:03:12,120 --> 00:03:13,600 Speaker 3: was she stood down? Well? 60 00:03:13,600 --> 00:03:15,320 Speaker 2: And why was she stood I mean. 61 00:03:15,240 --> 00:03:17,760 Speaker 3: Really, it seems ridiculous she stood down for something that's 62 00:03:17,800 --> 00:03:19,919 Speaker 3: not that important to do an investigation about. 63 00:03:20,040 --> 00:03:22,720 Speaker 2: Okay, So, Max, on a scale of one to ten, 64 00:03:22,880 --> 00:03:25,680 Speaker 2: one being this is like only a tiny stuff up. 65 00:03:25,720 --> 00:03:28,080 Speaker 2: Ten it's a massive employment stuff up. Where are we sitting. 66 00:03:29,760 --> 00:03:31,880 Speaker 3: I think we're sitting at about an eight or a 67 00:03:31,919 --> 00:03:35,640 Speaker 3: seven and eight because the facts on this one is 68 00:03:35,640 --> 00:03:39,920 Speaker 3: is because it's such a pigh profile individuals and because 69 00:03:39,920 --> 00:03:43,320 Speaker 3: the whole nation are watching closely, then I would say 70 00:03:43,320 --> 00:03:46,680 Speaker 3: that this is actually ratured right up to the to 71 00:03:46,720 --> 00:03:52,000 Speaker 3: the top almost yeah, because that bigger pardoner. 72 00:03:52,080 --> 00:03:53,200 Speaker 2: Do heads need to roll for this? 73 00:03:55,280 --> 00:03:57,720 Speaker 3: I would think so. I mean you would think that 74 00:03:57,840 --> 00:04:00,720 Speaker 3: a netball New Zealand would be getting legal before they 75 00:04:00,720 --> 00:04:03,280 Speaker 3: did this, and if they have, well, this legal advice 76 00:04:03,360 --> 00:04:07,119 Speaker 3: isn't up to scratch because this is fundamental of any 77 00:04:07,200 --> 00:04:12,320 Speaker 3: employment advisor out there would not be telling people to 78 00:04:13,200 --> 00:04:16,880 Speaker 3: advising an employer or even a principle and like if 79 00:04:16,920 --> 00:04:21,400 Speaker 3: she's just a contractor to conduct themselves in such a way, 80 00:04:21,520 --> 00:04:24,320 Speaker 3: particularly for public watching. 81 00:04:24,040 --> 00:04:26,800 Speaker 2: Over unbelievable Max Listen, thanks very much, appreciate your time, 82 00:04:26,839 --> 00:04:28,400 Speaker 2: Max Whitehead, Employment Expert. 83 00:04:29,279 --> 00:04:32,440 Speaker 1: For more from Heather Duplessy Allen Drive listen live to 84 00:04:32,520 --> 00:04:35,559 Speaker 1: news Talks. It'd be from four pm weekdays, or follow 85 00:04:35,600 --> 00:04:37,320 Speaker 1: the podcast on iHeartRadio.