Facing Online Harassment at Work

If you should ever find yourself in a position of being a public-facing employee like a teacher, journalist, scientist or anyone sharing your work related  expertise online, and are suddenly the target of threats, abuse or doxxing (this the term used when you personal information like address, phone number, place of work are leaked online) it can be a horrible and overwhelming feeling. Thankfully there are laws in place that help to protect you. The recent case of microbiologist Siouxsie Wiles against the University of Auckland shows that your employer has a legal obligation to protect you from these external social and emotional hazards. Many of us are familiar with Wiles when she became a household name during the Covid-19 pandemic through her communications in the media. Soon after she began to receive multiple threats. Despite her repeated requests for assistance from her employer, nothing was done which led to the ruling that highlighted key breaches and subsequently has set a precedent for all workers. 

We’ll take a look at the breaches and what went wrong with Wiles' situation and how it could potentially apply to you should you find yourself in a similar situation. Our goal here is to empower you to act early, protect your wellbeing and hold your employer accountable and to remind you that Coromandel Workers Council is here to help you if you need it. 

So let’s start with the breaches. The threats to Wiles’ began when her public science communication - which was deemed to be a part of her academic role-sparked some very intense online harassment which included death threats. Wiles’ and her colleague Shaun Hendy had reached out to the university's Staff Risk Intervention Team (SRIT) but failed to receive adequate support. After more than a year of failed attempts to fix matters  they filed for grievance in 2021 which ultimately led to the case escalating to the Employment Court.  

In July of last year the judge ruled in Wiles’ favour, Hendy had already settled out of court at this point, awarding her $20,000 in damages and a further $200,000 plus towards her legal bills (though she remained $400,000 out of pocket and has since begun fundraising to help with these costs). The university spent close to $2 million defending its case. 

The main breaches were: 

• Health and Safety at Work Act 2015 (HWSA): Although the Act does not explicitly cover harassment outside of work, it does require a Person Conducting a Business or Undertaking  (PCBU) to manage risks that are connected with their work. This means that a PCBU must take steps to prevent harassment if it occurs outside of work but is still linked to the business such as work-related communications. Harassment is considered a health risk that must be managed and a PCBU is expected to have systems in place to deal with reports and ensure a healthy and safe working environment even if the harassment, as in this case, occurs outside work. 

• Employment Relations Act 2000 (ERA) - Duty of Good Faith: A PCBU must be “active, constructive and responsive”. The university breached when they suggested that Wiles simply reduce her commentary, which essentially amounted to victim-blaming, delayed action and did not do enough to collaborate on solutions. This caused her further distress instead of fostering trust. 

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• Contractual Obligations as a ‘Good Employer’: This term is implied in all contracts and essentially means that any PCBU should provide amongst other things a  good and safe working environment. In this specific case the university's policies were not fit for purpose and they did not fulfill their duties to support foreseeable harm that occurred as part of Wiles’ work-related activities. 

The court also rejected the university's claims of breached academic freedom and instead emphasised that public engagement is often core to roles and that a PCBU can not escape protection. This ruling applies broadly to other roles such as journalists who might be facing troll armies (the online ones not the ones from Lord of the Rings), teachers targeted over curriculum, or health workers amid controversies. 

So what can you do if you find yourself in a similar situation with your employer? Firstly don’t wait for things to escalate. Early action can minimise harm to you and your health and strengthen your position. Here’s what you need to do: 

• Document Everything ASAP: Keep detailed records like screenshots of threats, emails , dates, and the impacts if any on your health (anxiety, stress, loss of sleep etc. Report serious threats (violence) to Police via the non-emergency line 105 or Netsafe (www.netsafwe.org.nz) for online threats. This type of evidence is important for any claim. 

• Raise Issues Internally - In Writing: Email your manager, HR or safety rep immediately. Mention the HSWA and request a risk assessment. If needed, ask for threat monitoring or find out if you qualify for counselling via the EPA (Employee Assistance Programme). You could also ask for an adjustment of your duties.

• Seek Free Support and Advice: There are a number support services you can try:

• Coromandel Workers Council www.cwc.org.nz/contact

• Employment New Zealand: Call 0800 20 90 20 for free mediation or info on personal grievances (must be raised within 90 days of the issue)

• WorkSafe NZ: Report hazards via www.worksafe.govt.nz or 0800 03 00 40 

• Human Rights Commission: For discrimination linked harassment (gender, race etc)

• Community Law Centres: www.communitylaw.org.z

• Raise a Formal Personal Grievance: If your efforts to get traction fail with your employer you can file a personal grievance with the Employment Relations Authority (ERA) within 90 days. You can claim for breaches of HSWA, good faith or unjustified disadvantage. This step requires that you go through mediation first with having an agreed outcome. 

• Consider Legal Action: This step is probably unlikely for most of us, but it is still an option that you have. Get a lawyer early and try to find one with fixed fee initial consults. You could even crowdfund your case. 

  
  

• Protect Your Mental Health: This step is so important. You could try to access counselling through your GP or you could try a service like  www1737.org.nz who can assist with a mental health issue. 

Keep in mind that it’s right to work in a safe and healthy environment, and it’s the obligation of your employer to provide this. Get to know your rights and use them to reclaim your peace of mind if it has been taken from you.