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Home / New Zealand

Worker ‘bullied’ by former manager says WorkSafe inquiry into Nelson-Marlborough DHB a ‘box-ticking exercise’

Tracy Neal
By Tracy Neal
Open Justice multimedia journalist, Nelson-Marlborough·NZ Herald·
2 Feb, 2024 09:00 PM4 mins to read

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Chloe Swarbrick stands in hopes to replace James Shaw as Green party co-leader. Greta Thunberg has her charges dropped and children all around country are feeling the cost of living as families go without.

WARNING: This story discusses suicide.

A health worker allegedly bullied by a former manager has condemned a WorkSafe report into workplace culture as a “meaningless, box-ticking exercise”.

The worker, who cannot be named because of confidentiality clauses in a workplace investigation, was among several staff members to have complained about the manager at the former Nelson-Marlborough District Health Board’s (DHB) Alcohol and Drug Service.

Despite the workplace health and safety regulator finding a “very poor workplace culture” within the service, it concluded no enforcement action be taken because the DHB had taken reasonable steps to address the issues.

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A worker at the Nelson-Marlborough DHB says a Worksafe decision not to make an enforcement order after allegations of bullying by a former manager was "twisting the knife". Photo / Tracy Neal
A worker at the Nelson-Marlborough DHB says a Worksafe decision not to make an enforcement order after allegations of bullying by a former manager was "twisting the knife". Photo / Tracy Neal

The worker told NZME the decision was like “having the knife twisted”.

“I know it happens everywhere but people need to be taken seriously. I truly felt my life was in danger,” the worker told NZME about the impact of the workplace on her health.

The in-depth investigation was triggered by the death of an addiction services clinician at the DHB.

A coroner said in her finding, released last month, that drug and alcohol counsellor Andrew Walker’s death in August 2020 was self-inflicted.

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He was said to have been stressed and exhausted as a result of a heavy workload and a management style that had left him increasingly distressed.

A drug and alcohol counsellor's death in August 2020 was self-inflicted after he was said to have become increasingly distressed at work.
A drug and alcohol counsellor's death in August 2020 was self-inflicted after he was said to have become increasingly distressed at work.

WorkSafe has now released the investigation report to NZME under the Official Information Act. The report showed that some of the DHB’s processes and procedures on health and safety issues raised were inadequate.

There were risks around workload, fatigue and stress that were not being effectively controlled; the controls that were in place were largely administrative; and there was no evidence of regular review of these controls.

Neither was there evidence of effective processes for caseload management and balancing workloads.

The coroner noted an interim manager had been appointed while an ongoing employment process was underway regarding the manager.

At the time there were 25 staff employed in the service, which in the three years from 2017 to 2020 had a staff turnover rate of between 10 and 20 per cent, which was higher than in the public service overall in 2020, WorkSafe noted.

The investigation followed notification of “an unsafe work environment due to bullying and unmanageable workloads” in September 2020, followed by further notifications in January 2021.

A WorkSafe inspector interviewed 11 workers, who all reported inappropriate behaviour by the manager, including bullying.

Workers talked about a culture based on fear and intimidation by the manager. They spoke of high caseloads, a manager who was inconsistent with the allocation of work and someone who “played favourites” and who talked negatively to staff.

The worker who spoke to NZME said the job started well but things soon became difficult when she “crossed swords” with the manager.

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She claimed the manager changed the rules to suit, then made her out to be a liar; that she was bullied through being isolated and from a “caseload overload”.

It wasn’t until she got in touch with a former colleague that she learned others had experienced the same, and had also tried to address it.

She believes the DHB “knew for decades [the manager] was a problem. Everyone just felt incredibly powerless.”

She approached HR, the board’s CEO and the union, but felt it went nowhere.

“I told HR my mental health was really bad – I knew it was because I worked in mental health.”

WorkSafe issued two Improvement Notices after a meeting in November 2020 that included a WorkSafe Clinical Psychologist.

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However, both Improvement Notices were set aside following an internal review.

The DHB then commissioned an external investigation by an organisational psychologist.

The review findings in June 2021 identified 22 recommended improvements including the need to address the “inappropriate and unprofessional behaviour” of the manager that was having a “significant negative impact on the mental health of most of the AOD staff”.

The worker said she now felt sad and disillusioned, to the point she felt like quitting.

“My core values and the fact they have supported [the manager] better than the staff working for the service over the years have left me considering leaving which is not an easy decision after ... doing a job I love.”

In response to a question about the manager, Nelson Marlborough group director of operations Lexie O’Shea said the board was unable to comment on individual employment matters for privacy reasons.

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She said Te Whatu Ora Nelson Marlborough was committed to maintaining a workplace free of bullying and providing staff with a range of resources to allow them to speak up so it could address any unwanted or inappropriate behaviours.

Tracy Neal is a Nelson-based Open Justice reporter at NZME. She was previously RNZ’s regional reporter in Nelson-Marlborough and has covered general news, including court and local government for the Nelson Mail.




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