One leading authority for racial harassment is Corbett v UDP Shoplifters Ltd.354 In this case, the claimant had been subject to derogatory remarks about his Irish heritage from his colleagues, and when he raised the abuse with his managers, he continued to receive abuse and ended up being assaulted and then leaving his job.355 His claim was successful in meeting the elements of s 109 on the grounds that his fellow employees had expressed “hostility” toward him, that he was brought into “contempt or ridicule” on the basis of his national origin, he was upset by the abuse and the abuse had a “detrimental effect” on his job satisfaction, causing him to leave the job.356 Another leading case for racial harassment under s 109 of the Act is Bashir v Ladbrook Law Ltd, which concerned derogatory remarks made about the claimant’s ability to speak English and their first language being Arabic.357 Despite the employer arguing that their remarks were not racial harassment because “that written English can be difficult for non-native speakers was a fact”, the claim was successful as it was noted that the claimant had achieved academic merit in English and had obtained a law degree from a New Zealand university, thus making the remarks racial harassment on the grounds of race or ethnic origin.358 The Corbett and Bashir cases make it clear that an employer will be held liable for the racial harassment of their employee unless they can prove that they took all reasonably practicable steps to prevent the harassment from occurring.359 7.3 Addressing workplace racism with cultural competency training To date, there has been no research into how New Zealand workplaces and wider society can begin to engage with New Zealand’s colonial history in the Pacific Islands. This is an important gap in literature and practice as it is our colonial history that contributes to the devaluing of Pacific labour today. However, the recent Dawn Raids apology and the subsequent dedicated resourcing have potential to begin this urgent conversation. This final section therefore explores a commonly suggested solution to racism in the workplace, which is cultural competency training. Cultural competency training has become an area of focus in relation to potential solutions to racism against Pacific peoples in the workplace and the Pacific Pay Gap.360 By understanding the cultural framework in which Pacific peoples operate, there is an opportunity to design workplace solutions to secure Pacific employment retention and mobility and minimise underemployment and unemployment for Pacific peoples in Aotearoa New Zealand.361 7.3.1 Employers and cultural competency There is evidence that racist stereotypes impact non-Pacific managers’ interpretations of Pacific workers’ actions at work, which subsequently impacts decisions regarding how to engage with and support or promote Pacific workers.362 Non-Pacific employers repeatedly report that their lack of understanding of Pacific culture is a significant barrier to their ability to foster positive workplace environments for Pacific workers.363 Cultural competency training can provide 354 Corbett v UDP Shoplifters Ltd [2012] NZERA Christchurch 151. 355 Corbett v UDP Shoplifters Ltd, [2]. 356 Corbett v UDP Shoplifters Ltd, [41]-[44]. 357 Bashir v Ladbrook Law Ltd [2016] NZERA Auckland 73. 358 Bashir v Ladbrook Law Ltd, [25]-[39]. 359 Hornsby-Geluk, Susan. “The Lesson from Roseanne for New Zealand Employers.” Stuff, June 13, 2018. https://www.stuff. co.nz/business/opinion-analysis/104476793/roseannes-lessons-for-kiwi-employers?fbclid=IwAR0O14Ubwlw1z5mDZQAqfxY6 adwg_B3RfFZL9R9iVsZL-cGy7iMl0u8YvTo 360 Ministry for Pacific Peoples. Pacific Employment Action Plan, 5. 361 Tunoa, Alofa. Pacific Peoples’ Progression in the Labour Market: A Literature Review. Undated, 35; Auckland Co-design Lab, The Attitude Gap Challenge, 100-101. 362 Tupou, “The Effect of the Glass Ceiling,” 52; Department of Labour, In Harm’s Way, 46, 53; Ministry for Pacific Peoples, Pacific Employment Action Plan, 5; Radio New Zealand, “Workplace Challenges for Pasifika Peoples.” 363 The Southern Initiative, Ministry of Business, Innovation & Employment, and Auckland Co-design Lab, Pacific Peoples’ Workforce Challenge, 14, 18; Auckland Co-design Lab, The Attitude Gap Challenge, 45, 66; Department of Labour, In Harm’s Way, 50-51. Pacific Pay Gap Inquiry Literature Review 51