Employment Relations Authority gives censorship a green light

No matter how much we love our jobs or occupations, at the end of the day, we all have bills to pay. And there is no greater silencer than a threat to the roof over our family's heads, or the food on our table.  

The would-be-censors get this, but we mustn’t let them win. 

A recent decision by the Employment Relations Authority tells us employees’ speech rights are on the line more than ever before. We are appealing this case and need your support today to fight for the right to speak.

Do you remember Christine Massof?

Christine was an IRD employee of 14 years who was raked over the coals right before Christmas in 2023 for a comment she made on an internal chat for women after her workplace announced they were providing free menstrual products in the male and female bathrooms.

Was the comment offensive? We’ll let you decide.

“This is awesome but a shame it took so long coming. And interesting, that now men can menstruate, free period products are available in all IR bathrooms.”

Do you remember what happened next? She was accused by her manager of breaching diversity and inclusion policies, told that her views were not welcome, that her comment was “offensive”, and most shockingly, she was instructed that if she couldn’t tell “good” and “bad” opinions apart, she shouldn’t express any at all. 🤯 

She took sick leave over that Christmas as a result of stress, and ultimately resigned in May 2024, unable to continue working in a workplace where expressing lawful opinions led to punishment. 

You and I both know that this is simply wrong. And because of your support, with our help, Christine filed a personal grievance insisting her employment with the IRD didn't forfeit her speech rights.

Shockingly, the Employment Relations Authority (ERA) sided with IRD.

Pictured: Rex Landy (supporter), Christine Massof, Jill Ovens (Women's Rights Party), Tim Blake (lawyer representing Christine). 

The ERA even agreed IRD could muzzle Christine telling her to stay quiet on opinions that might cause “conflict or upset”. Apparently, IRD's new slogan is 'pay ya taxes and shut up!'

Incredibly, the Authority’s reasoning shows they didn't even consider freedom of expression under the NZ Bill of Rights Act as a factor in assessing whether Inland Revenue’s actions were justified.

Well, they're wrong. We know that, and I think you know that, too. The ERA’s decision sends a chilling message that we simply won't let stand.

That's why we're supporting Christine's appeal of the ERA's decision.  

This is not cheap, but it’s necessary, not just for Christine, but for the protection of all employees’ speech rights.

What happens to our speech rights if the Employment Relations Authority makes it the norm for lawful opinions to be punished through so-called "inclusive” policies?

Are we really this fragile?

Christine holds degrees in biochemistry and immunology and worked for years as a medical researcher before retraining in accounting and joining IRD in 2010. Offence shouldn’t be a reason to discard years of knowledge and contribution.

And, this is not an uncommon pattern. We have another story just like it...

Let me introduce you to Lesley McTurk. Lesley is one of the first women who received an MBA from the University of Auckland. She went on to get a PhD in medical ethics and was the CEO of a large government agency.

Now, in her seventies, she spends her time working in public health, leading a harm reduction service for people who use drugs which is based in K’ Road in Auckland.

Lesley has been a free speech champion and FSU supporter for years. The team tells me she's a determined, thoughtful, moderate individual.

Lesley, in her personal capacity, submitted in favour of the Treaty Principles Bill, and was asked to give an oral submission, which she did. She was very clear in both formats that she was speaking as an individual, not on behalf of her organisation.

Yet some activists thought this was beyond the pale... You know, actually expressing an opinion in our democracy. 

Her workplace was graffitied: "F*** U Lesley"; "MCTURK MUST GO"; "SACK MCTURK", and protestors have gathered with a megaphone on multiple occasions, calling similar lines, saying they’d keep coming back until she was fired.

If we use this as a temperature check for our ability to discuss controversial topics, things aren’t looking good!

Individuals should not have to fear for their physical safety going to and from work each day, they should not have to fear losing their job because they’ve chosen to hold a particular opinion in their personal life.

People like Lesley deserve champions in their corner standing up for their basic right to speak, and because of your help, that is what we're able to do. 

You know these stories are not new to us. Portia Mao and Justin Wong are two journalists whose speech rights were threatened by the CCP simply for doing their jobs. We recently told you about nurses who were hauled before the Nursing Council for opinions they expressed outside of work.

Our appeal of the ERA’s decision on Christine Massof’s case is a chance to show the would-be-censors our speech rights aren't up for the taking. 

Together, with your help, the Free Speech Union is able to stand with each one of these free speech champions, and so many more. 

We must put them back in their place. Individuals do not give up their right to hold and express their personal opinions when they become employed. We’re sick of it.  

This case is a critical test of workplace freedom and legal protections for dissenting views, but we can only do it with your help.

Hannah Clow | Senior Legal Counsel

*While I lead these efforts on behalf of the FSU, please note that I do not act as a lawyer for individual members, supporters or donors.