Employment lawyer Jennifer Mills. Photo \/ Supplied <\/p>\n
And she said there were straightforward steps bosses could implement in the workplace to ensure all cultures felt respected and valued.<\/p>\n
\u201cFrom a practical perspective, employers can take steps to ensure compliance and inclusivity by implementing culturally responsive workplace practices [like] prayer spaces, or hui-based consultation,\u201d said Mills, who is director of Jennifer Mills & Associates. <\/p>\n
\u201cTreating employees in a way they like to be treated … helps with commitment and helps with recruitment.\u201d<\/p>\n
The case brought by Faitala and Vea after being made redundant by The Pacific Island Business Development Trust, which runs the Pacific Business Trust, was heard in the Employment Court in Auckland before Judge Merepaia King.<\/p>\n
She said during its restructuring, the organisation failed to comply with its obligation to adhere to Pasifika values, which were specifically incorporated into its workers\u2019 employment agreements.<\/p>\n
Among the pair\u2019s complaints was the humiliation and shame they felt after receiving termination letters via email, describing it as a slap in the face and not the Pasifika way of doing things, which would have involved face-to-face meetings over a cup of tea.<\/p>\n
The \u201cPasifika values\u201d referred to by King included what the trust later accepted were five pillars of the Pasifika community: respect, aiga (family), community, reciprocity and religion or spirituality.<\/p>\n
John Faitala said because he lost his job suddenly, many people in the community thought he had done something wrong; causing him shame and humiliation.<\/p>\n
\u201cThe trust\u2019s failure to follow through with its own undertakings … are clear examples of conduct at odds with Pasifika values of reciprocity, respect and care,\u201d King said in her decision.<\/p>\n
\u201cThe trust\u2019s failures were unfair. The plaintiffs were Pasifika employees working in a Pasifika organisation – selected for their cultural capability and understanding – in an organisation led by Pasifika values,\u201d the judge said.<\/p>\n
Mills said it was a case other employers could learn from but not be afraid of.<\/p>\n
\u201cThe key issue is how cultural values intersect with an employer\u2019s statutory obligations … particularly of good faith,\u201d she said.<\/p>\n
\u201cAn employer\u2019s good faith obligations require parties to an employment relationship to deal with each other honestly, constructively and not in a misleading or deceptive way.\u201d<\/p>\n
The employment court is starting to hear more cases involving cultural values. Image \/ 123rf<\/p>\n
Mills said employers still had to be mindful of cultural values even if those values were specifically spelled out in employment agreements.<\/p>\n
That included when a staff member requested their cultural values to be considered.<\/p>\n
\u201cAn employer ought to do that as part of its good faith obligation in being active, constructive and communicative,\u201d Mills said.<\/p>\n
\u201cThat might include particular ways of communication [or] it might include additional meetings as part of consultations.\u201d<\/p>\n
And she said \u201cirrespective\u201d of any cultural values, all employers were expected to \u201ctreat workers with respect and keep their employees\u2019 dignity\u201d.<\/p>\n
\u201cMany employers are very good,\u201d she said.<\/p>\n
\u201cBut … I\u2019ve seen examples of employers not complying with basic obligations of dignity and treating employees with respect when they\u2019re making them redundant.<\/p>\n
\u201cIt\u2019s important to note that tikanga M\u0101ori [cultural values] is already recognised within New Zealand\u2019s legal landscape in certain contexts – although it is not expressly embedded within the good faith provisions themselves.\u201d<\/p>\n
Mills added if an employer was known to be someone who looked after their staff, and valued them and their values, \u201cthen ultimately, you\u2019re going to have a far happier and far more productive workforce\u201d.<\/p>\n