Employees Have Speech Rights: FSU Supports Ex-IRD Employee Challenge ERA’s Unjust Determination

Former IRD employee Christine Massof, who was disciplined for a comment she made at work, has filed an appeal with the Free Speech Union’s support challenging the Employment Relations Authority’s recent decision to side with the IRD, says Jillaine Heather, Chief Executive of the Free Speech Union.

“Employees don’t leave their speech rights at the door. Christine Massof was disciplined for a comment she made on an internal forum for women after IRD announced it would be providing free menstrual products in both male and female bathrooms at work.

“Christine’s comment was, ‘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.’

“IRD accused Massof of not being inclusive and told her if there was any risk that her words could be offensive, that she should ‘refrain from sharing opinions altogether’ and ‘remain silent’.

“We supported Christine to file a personal grievance against the IRD on the basis of unjustified disadvantage and discrimination. Shockingly, the Employment Relations Authority sided with IRD, with their reasoning even showing that they didn't consider freedom of expression under the NZ Bill of Rights Act as a factor in assessing whether Inland Revenue’s actions were fair, reasonable and justified.

“This is wrong. The Employment Relations Authority has sent a chilling message not just to Christine Massof, but to all employees, to toe the line. We won’t have it. Employees have speech rights. This appeal is a critical test of workplace freedom and legal protections for dissenting views.”

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