University of Auckland vice chancellor Dawn Freshwater says abuse against staff is unfortunately “not uncommon” and she has dealt with this first-hand when she was followed home from work.

“Not a day goes by where I do not get some form of abuse in my inbox.”

Freshwater is the first witness for the university’s defence in the Employment Court where high-profile scientist and Covid-19 commentator Siouxsie Wiles is arguing that her employer failed to protect her from harassment and threats that resulted from her Covid-19 commentary.

The case centres on Wiles’ accusation that the university leadership failed to protect her against the “tsunami of threats” she received for her public commentary on Covid-19.

Freshwater told the court her August 2021 email asking Wiles to temporarily keep public commentary to a minimum while a security assessment was carried out, was not trying to silence her.

She said a safety concern had been raised, and while it was not the university’s position that health and safety trumped academic freedom, it needed to balance competing obligations to staff.

“At no stage have I or the university said that the applicants should not be exercising their academic freedom.”

In her view, the right to academic freedom did not override an academic’s responsibilities and rights as an employee.

Freshwater also believed academics may need to moderate what they say publicly from time to time, “particularly on social media”.

Philip Skelton KC, representing the university, said the institution had provided extensive support to WIles and recognised there was a gendered element to the harassment Wiles received.

He submitted the university had not breached its obligations with respect to equity for women and the true culprits inflicting harm on her were those who engaged in harassing her.

Dr Siouxsie Wiles became an important figure for New Zealand during the early stages of the pandemic. Photo / Loading Docs

In her evidence last week, Wiles told the court she felt she was being silenced by the university, citing the letter and meetings with HR representatives in which she was told to “pull back” from speaking on Covid-19. She said she felt she was being blamed for bringing the abuse upon herself.

Wiles also argued that the university had been slow to respond to the threats against her and its measures were often ineffective or inadequate.

Skelton said the institution was unable to control all threats, such as what people posted on social media platforms. It therefore focused on minimising and managing the risks, which it did through its Staff Risk Intervention Team (SRIT) and by liaising with police on certain individuals.

The university hired an external firm, Quantum Systems, to audit the systems it used to keep staff safe, and implemented its recommendations.

It later obtained an external risk assessment for Wiles from KPMG, and took on board its recommendations, the court heard.

Freshwater is under cross examination this morning and seven more witnesses for the defence are due to appear.