Legalwise News NZ Editor Caroline Tang interviewed employment law practitioner Robbie Bryant, of Edwards Law, about the shocking New Zealand Law Society survey results which showed that sexual harassment and bullying are long-term, widespread problems in the legal profession.
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The extent of sexual harassment and bullying in the legal profession, as revealed by the recent New Zealand Law Society (NZLS) survey results, has surprised an employment law practitioner.
Robbie Bryant, of Edwards Law, said the statistics were “disappointing for our profession”. “Based on my own experiences, I was surprised at the apparent levels of bullying and harassment within the profession,” he said.
“I expected much lower levels; not, for example: 52 per cent of lawyers reporting that they had experienced bullying, and almost one in five lawyers reporting being sexually harassed. There appears to be a culture of bullying and harassment within the profession, which has not been properly dealt with for a long period of time.”
Mr Bryant recognised the “real problem” of survivors of harassment or bullying wanting to raise the alarm, but fearing for their careers in the law. “In a perfect world, every employee should feel confident enough to raise issues without fear of retribution,” he said.
“I would be lying, however, if I said that this is not a real problem. In my role, as a specialist employment lawyer, I have personally seen employees face negative repercussions as a result of raising issues. But note that this is by far the minority of employees.”
Mr Bryant said he was fortunate not to have been a victim of or witness to bullying and/or harassment. “However, I have known people – both professionally and personally – that have been victims of, or witnesses to such conduct,” he said.
“My advice to these people has almost always been the same: Raise the issue irrespective of any perceived career hurdles that might arise along the way. The law is there to enable those who are being treated unfairly to pursue their rights. Furthermore, in my view, health and wellbeing trump career progression by a very wide margin.”
Mr Bryant said law firms must respond to the NZLS survey results. “Where necessary, a thorough assessment of workplace culture should occur,” he said. “This does not mean rubber-stamping another policy that sits in the background and is only referred to when an issue arises.
“Rather, this means taking a very hard look at various practices that may, or may not, occur in the firm and establishing ways to ensure that there is on-going education and discussion about workplace culture, particularly bullying and harassment.”
Mr Bryant said a “one-size fits all” approach was inappropriate. “Larger firms will have significantly greater resources than smaller firms,” he said. “Cultures will significantly vary from firm to firm. These environmental circumstances will impact on the actions that should be taken.”
Mr Bryant said bullying and harassment were complex and there was no overnight solution or silver bullet. “Thus, it is likely that lessons are going to be learnt along the way as to how best to manage these issues. As a result, I believe that ongoing education and discussion is very important for the continued growth of the profession in this area” he said.
Mr Bryant said the NZLS and president Kathryn Beck, by taking ownership of the difficult issue, were making a genuine and positive move in the right direction. “The steps being taken by the NZLS are excellent in my view and, where appropriate, should be mirrored by law firms,” he said.
“With this in mind, my view is that ongoing dialogue and education needs to continue. The NZLS has, in my view, been very brave in front-footing these issues. We all know that these issues are not restricted to the legal profession, so I am hopeful that the significant public interest causes others professions to look at their own cultures and take steps to rectify any issues accordingly.”
Robbie Bryant joined Edwards Law in 2011. He completed his law degree in 2010 at Waikato University and prior to this obtained diplomas in business and management from Auckland University of Technology. Robbie frequently represents clients in negotiations and mediations and appears before the Employment Relations Authority, Employment Court, the ACC Review Authority and the Human Rights Commission. Robbie advises on all areas of employment law (contentious and non-contentious).
Robbie also provides in-house training for employers on all areas of employment law. Robbie has contributed to the NZ Business Magazine, assisted with developing the practical employment law modules for practitioners for the College of Law (New Zealand), and is regularly called on to present at various seminars for external organisations such as the Employers and Manufacturers Association (New Zealand) and Legalwise Seminars.
Contact Robbie at robbie@edwardslaw.co.nz
