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Does my feeling towards someone have to change because he is said to be sexually harassing a female colleague? Dr MARIE WILSON, head of management and employment relations at the University of Auckland Business School and a veteran of 20 years in corporate management and small business, offers some helpful ideas.

Q: A colleague has confided in me that she is being sexually harassed - well, she calls it that - by our financial controller, who is our line manager. I quite like his company and am now feeling thoroughly confused. How can I help her, and what should my attitude now be to my boss, assuming she is telling me the truth?

A: Your colleague may want to clarify her understanding of his conduct and her rights by contacting the Employment Relations Service and checking her employment contract for grievance procedures within the company.

There may also be an employee assistance programme or counselling programme available to employees in your company. Sexual harassment involves a person with authority in the workplace asking for sexual activity or subjecting a person to unwelcome or offensive activity.

These activities can be direct or indirect, and the term covers many types of circumstances and situations. Usually such cases are resolved using the personal grievance procedures, which would normally be initiated by reporting her concerns, in writing, to your line manager's supervisor.

As to your relationship with your supervisor, continue as you are, otherwise you are pre-judging what has happened.

Q: Is it worth getting a CV company to put mine together? Are they likely to offer anything better than what a literate exec can do on their own?

A: It's not just a matter of literacy. An effective CV actually makes your career understandable to others and brings out your talents and skills quickly, so that you are more likely to be shortlisted and interviewed for positions that might suit you.

You may be able to do this on your own, or with the help of your colleagues.

But if you are unsure a career adviser or CV company may help.

Q: My company used to treat items such as cars, super and medical insurance as benefits in recognition of taking on additional responsibility.

With the advent of the Employment Contracts Act, the company began introducing the salary package concept, and listed all income, including benefits, as a component of the package. Benefits were shown separately, along with the FBT component, so a total package figure plus the cost of each component could be seen.

As benefit costs varied, the company absorbed these and adjusted the figure at the next salary review.

Recently, vehicles were cashed out, and the cash-out value showed both the vehicle value and the FBT component to achieve a total cashout figure.

In recent months, the company has begun to introduce policies covering all aspects of its business and employee relations. Specific policies have been written for each item that was formerly a benefit, listing maximum adjustment limits in any given year.

These are now being imposed, without any form of negotiation, on all employees, and are being written in to new or renegotiated contracts on a take-it-or-lose-it basis.

Is there any protection under either the ECA or its replacement to protect people from this form of autocratic behaviour?


A: Many policies are included by reference in your employment agreement.

Unilateral changes to a contract, where one party alters the agreement without the consent of the other, are generally not permitted under the ECA or the ERA.

Under the ERA, employers and employees are expected to conduct themselves with "good faith" throughout not just the bargaining process, but the entire employment relationship. If the new policies merely formalise existing practice, there is less of an issue.

If these change the working arrangement, then you should expect discussion and agreement of these matters.

You can raise this issue with your manager of HR manager in the first instance to get clarity on whether this is a change to your conditions.

You can ask for assistance from the Employment Relations Service. The ER Service provides publications on the rights and responsibilities of employees and employers, as well as a help line (0800 800 863) and a web-site.

Employment Relations Service