Former KiwiBuild head to pursue constructive dismissal case

Govt's release of employment details is a ‘breach of privacy,’ he states

Former KiwiBuild head to pursue constructive dismissal case

The government has confirmed the resignation of Stephen Barclay as head of KiwiBuild, which took effect on 18 January following the launch of an employment investigation. Barclay is now pursuing a case of constructive dismissal, essentially alleging that the resignation was not voluntary and was the result of a hostile work environment.

Ministry of Housing and Urban Development Chief Executive Andrew Crisp noted that there had been complaints from employees, contractors and stakeholders around Barclay’s ‘leadership behaviour’, and said the alleged conduct issues were not linked to the implementation of KiwiBuild.

“The allegations reflected behaviours that are not consistent with standards expected of senior public servants,” Crisp stated.

“I commenced an employment investigation into those allegations. While the investigation was ongoing, Mr Barclay resigned. There was no exit payment or confidential deal reached with Mr Barclay. He resigned with immediate effect and received no payment in lieu of notice.”

Crisp said that since this was an employment matter, the Ministry would make no further comment. Barclay has since released a statement saying details of the matter should not have been released to the public, and stating that the complaints were ‘entirely linked’ to the implementation of KiwiBuild.

“Mr Barclay is extremely disappointed that the Ministry of Housing and Urban Development has divulged details of an employment matter and considers this a breach of privacy,” the statement said. “As a result, Mr Barclay feels he has no choice but to respond.”

The statement said that there had been no issues raised regarding Barclay’s leadership style during the period of July to October 2018, with a ‘small number’ of complaints being raised after the programme moved to the Ministry of Housing and Urban Development.

“He can confirm there were a small number of complaints from individuals who held a close relationship to the CEO, Mr Crisp,” it stated.

 “As soon as Mr Barclay was informed of the complaints, he responded to them within the week, requesting the complaints be independently investigated and additional people relevant to the complaints be questioned. These requests were repeatedly denied and Mr Barclay was suspended from his role for more than two months. This made his position untenable and led to him resign in his and the KiwiBuild programme’s best interests.”

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