| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 295/02 |
| Hearing date | 1 Aug 2002 - 2 Aug 2002 (2 days) |
| Determination date | 03 October 2002 |
| Member | R A Monaghan |
| Representation | W Shaw ; R Searle |
| Location | Auckland |
| Parties | Shaw v Statistics New Zealand |
| Summary | PERSONAL GRIEVANCE - Sexual harassment - Inappropriate sexual comments made by co-worker - Whether respondent failed to address complaints - Investigated complaint - Alleged applicant failed to provide particulars of complaint - Alleged acted promptly once particulars became clear - Complaint had been initially treated as incompatibility problem - Applicant had not specified complaint - Refused to provide complaint in writing - Uncooperative with investigation - Complaints addressed as punctually and sufficiently as reasonably possible - No personal grievance -UNJUSTIFIED DISADVANTAGE - Sexual harassment - Failure to address complaints led to inability to operate effective working environment - Applicant forced to work from home - Alleged unwelcome working environment - Decision to relocate applicant made in applicant's interest - Requirement to continue to work with alleged harasser reasonable in circumstances - No unjustified disadvantage - Non-publication order - Publication of alleged harasser's identity or position prohibited - Area manager |
| Result | Application dismissed ; Costs reserved |
| Statutes | ECA s36;ECA s118;ERA s108;ERA s107;ERA s117(3);ERA s103(1)(b);ERA s103(2) |
| Cases Cited | Managh (t/a Managh & Associates and Cafe Down Under Ltd) v Wallington [1998] 2 ERNZ 337; [1998] 3 NZLR 546;N v Attorney General in respect of the Chief of the New Zealand Defence Force [2000] 1 ERNZ 717;Northern Distribution Union v BP Oil NZ Ltd [1992] 3 ERNZ 483;Turk's Poultry Farm Ltd v Adkins [1996] 1 ERNZ 374 |
| Number of Pages | 17 |
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