An employment advocate whose business has been liquidated by court order plans to continue representing workers at the centre of alleged bullying cases.
Allan Halse has signed up 120 of his former CultureSafe clients. Photo: Gaj Rudolf/123 RF
CultureSafe's sole director Allan Halse failed to pay fines relating to his conduct naming those accused of bullying who were covered by confidentiality agreements.
The High Court in Hamilton ordered the company be placed in liquidation on Monday.
"I guess I always knew that standing up for bullied workers and being vocal would make me a target of bad employers and particularly of their lawyers," Halse said.
CultureSafe has named people and companies involved in alleged bullying cases - a practice many in the sector frown on.
But the anti-bullying crusader stands by his methods of naming and shaming people and organisations covered by confidentiality agreements linked to employment disputes.
Now 70 years old, Halse has represented more than 1000 workers and does not plan to down tools yet.
He said he has just signed on 120 former CultureSafe clients.
"I am now meeting and talking to every single one of CultureSafe's former clients and so far all of them have engaged myself as a sole trader to represent them so effectively it's business as usual.
"The only difference is I can no longer call myself the director of CultureSafe New Zealand."
Any lay person can be an employment advocate. There is no need for training and no compulsory code of conduct.
The Employment Law Institute (ELINZ) was set up more than two decades ago, as an industry body for employment advocates, but it is voluntary to join.
President Kelly Coley said the liquidation of an advocate's business was a sign urgent change was needed.
"It's actually a sad day in the jurisdiction that that sort of action is necessary. The next thing I'd say is that it's also concerning that that's not going to prevent an advocate from representing someone."
In a recent decision related to a case CultureSafe was party to, Employment Court Judge Joanna Holden said the issue of whether advocates should be regulated was a matter for Parliament if it chose to act, not the court.
She said the conduct of some impacts on often vulnerable litigants, the opposing party and more generally the efficient and effective administration of justice.
Coley said she felt hamstrung when she heard from people who have had bad experiences with some advocates, resulting in financial and psychological harm.
"ELINZ can't do anything about it, the [Employment Relations] Authority can use the contemptive process to impose penalties but I fully agree that the responsibility here and the action needs to come from Parliament."
Norris Ward McKinnon lawyer Sam Hood led the litigation against CultureSafe, the culmination of four years of legal proceedings.
"During this time our brave client and our legal team have been subjected to unrelenting personal attacks and threats, so it's great to achieve a measure of justice for our client," the company said in a statement online.
Companies Office records show the liquidator's report on CultureSafe is due next month.
Halse said he won't stop naming and shaming those accused of bullying.
"I value human life and human sanctity above what they might consider some kind of professional ethics."
The High Court in Hamilton has reserved its decision relating to Halse's request to suspend his bankruptcy.