Erika Whittome and Karen Glass, N8 Union Advaocates, a few of their notes from the hearing investigation…

Karen (N8 Advocate): What do you think consultation with the employee means to you?

  Manager: Talking to her about it

Karen: talking with an open mind. Did you discuss or propose any alternatives?

  Manger: no

Karen: in the policy what were you thinking of when it says “reasonable alternatives”? At 3.8 of your policy: mwwl will explore all available and reasonable alternatives in consultation with the employee…

  Manager: Well, there weren’t any. I don’t know, I can’t remember what the alternatives… I hoped there would have been alternatives, I don’t know, I can’t remember.

Karen How long have you worked in the MWWL,

  Manager: since 2018

Karen: Did you consider rapid antigen testing?

  Manager: wasn’t at the time there was a korero later in the year or the following year. They just had to be vaccinated.

Karen: The policy said you would consider all the alternatives, so you didn’t do what a fair and reasonable employer could do at the time.

  Manager: (silence)

Karen: You have some responsibility as PCBU to at least look at a safety concern. You have certain obligations under HSWA, even if you don’t agree there’s a problem, there’s a duty to look at the problem and not just dismiss it. Why wasn’t that done?

  Manager: um um. Yeah, I don’t know why it wasn’t done, like I said before, short of calling her every day. I looked at the control pass.

Karen: As a PCBU you have a duty to investigate it, even if you don’t agree with it. You need to look at it.

  Manager: I didn’t know as a PCBU. I didn’t know that.

Karen: but you were concerned about the health and safety of the workers….

  MWWL Lawyer: Asked and answered.