| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2012] NZERA Christchurch 288 |
| Hearing date | 19 Jul 2012 |
| Determination date | 21 December 2012 |
| Member | M B Loftus |
| Representation | D Beck ; T, U |
| Location | Christchurch |
| Parties | K v J |
| Summary | UNJUSTIFIED DISMISSAL – Constructive dismissal – Sexual harassment - Applicant claimed unjustifiably dismissed by respondent - ARREARS OF WAGES – Applicant sought arrears of wages - Bar manager |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Authority ordered non-publication of names of parties and witnesses. Applicant sexually harassed in employment. Respondent’s response to allegation of sexual harassment inadequate. Applicant badgered and harassed in employment and made to carry out demeaning tasks. Breach of statute and duty to demand medical certificate before applicant absent for three days. Applicant’s attempt to rescind resignation did not undermine claim. Applicant constructively dismissed. Dismissal unjustified. REMEDIES: Respondent to pay applicant $16,640 reimbursement of lost wages. $8,000 compensation appropriate.;ARREARS OF WAGES: Respondent failed to pay applicant agreed increase in hourly rate. Respondent to pay applicant $1,408 arrears of wages. |
| Result | Application granted; Reimbursement of lost wages ($16,640); Compensation for humiliation etc ($8,000); Arrears of wages ($1,408.05); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A – ERA s108 - ERA s109 – ERA s124 – ERA s128(2) - ERA Second Schedule cl10(1) - Holidays Act 2003 s68 |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW Inc [1994] 1 ERNZ 168; [1994] 2 NZLR 415;Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd (1985) ERNZ Sel Cas 136; [1985] 2 NZLR 372;Wellington, Taranaki and Marlborough Clerical etc IUOW v Greenwich (t/a Greenwich and Associates Employment Agency and Complete Fitness Centre) (1983) ERNZ Sel Cas 95;Z v A [1993] 2 ERNZ 469 |
| Number of Pages | 11 |
| PDF File Link: | 2012_NZERA_Christchurch_288.pdf [pdf 190 KB] |