Plunket Kerplunks
McPhail Gibson & Zwart Limited.
Sean Plunket is the well known presenter of Radio New Zealand’s Morning Report. He has been employed by Radio New Zealand (RNZ) since 1997. An issue arose in relation to Mr Plunket’s ability to undertake secondary employment. Mr Plunket was subject to RNZ employment principles, including “Standards of Integrity and Conflicts of Interest”. This policy included the statement: “If any of your activities have the prospect of falling into one of these categories [NB previously listed areas of conflict] then you have an obligation to obtain your Manager’s express approval prior to undertaking this activity”. A further Editorial Policies document was issued by RNZ in March 2005. This included a Conflict of Interest section. It included the statements: “It is important that no off-air activity, including writing, the giving of interviews or the making of speeches, leads to any doubt about [the employee’s] objectivity on air” And “As a general rule RNZ employees may not work…for organisations considered by the company to be in competition, or associated with competing organisation.” The section of the policy on secondary employment stated: “All employees who have any secondary employment outside RNZ…must declare such employment…and gain approval from the Chief Executive. …Failure to do so could result in disciplinary action”.
In August 2005, Mr Plunket joined the EPMU and became covered by the applicable collective agreement. Clause 30 of this agreement stated the particular terms of engagement for the employee were specified under the employee’s terms of engagement letter. This meant his initial letter of appointment (which had attached the RNZ employment principles) still applied. An issue initially arose when in September 2008, RNZ became aware of an advertisement promoting an upcoming election debate, featuring Mr Plunket as a TVNZ host. RNZ advised Mr Plunket his belated request for approval to host the debate was declined due to a direct conflict of interest. On 14 May 2009 at a social event, Mr Plunket advised RNZ’s chief executive that he had been approached to write a column for a magazine. He was told to put his request in writing so it could be properly considered. Nothing was received in this regard and RNZ subsequently received a media release from the magazine advising Mr Plunket’s arrival as political columnist. The Chief Executive wrote to Mr Plunket reminding him he was asked to put his request in writing. He received a response the same day stating: “please take this letter as somewhat belated written communication as regards this matter”. RNZ declined this request.
This resulted in Mr Plunket raising an unjustified disadvantage personal grievance, claiming RNZ was purporting to control his spare time and curtailing his fundamental freedoms in breach of contract and the Bill of Rights Act 1990. The Authority roundly rejected these claims. It found RNZ to be properly concerned regarding secondary employment which resulted in a conflict of interest rather than endeavouring to control his spare time. It was further found Mr Plunket’s terms of employment required him to put to RNZ any proposed secondary employment so it could measure the likelihood of a conflict arising and manage that risk. The reasons RNZ had declined to allow Mr Plunket to appear for TVNZ and write for another media outlet included: regard to Mr Plunket’s role within RNZ, the likelihood of change in audience perception of Mr Plunket and therefore RNZ, the effects of industry competition and the potential consequences regarding listeners’ loyalty. These reasons were considered by the Authority to be coherent and objective. It further found Mr Plunket remained free to exercise his right to freedom of expression under the Bills of Rights Act 1990, subject to his contractual obligations to work towards meeting his and his employer’s mutual objectives and not undertake outside interests which might conflict with those of
RNZ. Mr Plunket’s claims were dismissed.
