| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 95/02 |
| Hearing date | 30 May 2002 - 30 July 2002 (2 days) |
| Determination date | 02 October 2002 |
| Member | P Cheyne |
| Representation | K Tifaga ; M Kyne |
| Location | Christchurch |
| Parties | Steele v Lois & Laurie Connelly t/a Sockburn Bakery |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Alleged sexual and racial harassment - Alleged verbal abuse - Alleged unilateral reduction in hours - Abused for failure to attend work - Had promptly informed co-worker of reason for inability to attend - Ultimatum given to sign employment agreement which reduced hours of work - Alleged inappropriate comments of sexual and racial nature - Sexual and racial harassment established - Applicant had initially tolerated sexual comments - Abuse established - Ultimatum unreasonable - Events caused resignation - Constructive dismissal established - Remedies - Entitled to arrears of wages for reduced hours - Quantum of lost wages to be determined by parties - Baker |
| Result | Application granted ; Reimbursement of lost wages (Quantum reserved) ; Compensation for humiliation etc ($12,500) ; Arrears of wages ($206.25) ; Costs reserved |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW [1994] 1 ERNZ 168 ; [1994] 2 NZLR 415;Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963; [1985] 2 NZLR 372 |
| Number of Pages | 9 |
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