| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 123/02 |
| Hearing date | 19 Nov 2002 - 20 Nov 2002 (2 days) |
| Determination date | 03 December 2002 |
| Member | N Taylor |
| Representation | L Andersen, A Paterson ; B Dorking |
| Location | Dunedin |
| Parties | C v Dr Graeme Fogelberg, Vice Chancellor of University of Otago |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Sexual Harassment - Whether applicant's conduct amounted to sexual harassment - Whether dismissal procedurally fair - Alleged allegations not sufficiently clear to allow for behaviour to be corrected - Numerous allegations of inappropriate comments - Alleged removal of photos of complainant from staff notice board - Applicant admitted significant portion of alleged conduct - Conduct taken collectively was sexual in nature - Failure to promptly divulge specific allegations not fatal to overall fairness - Dismissal open to fair and reasonable employer in circumstances - Non-publication order - Publication of identity of applicant and complainant prohibited |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s108;ERA Second Schedule cl10(1) |
| Cases Cited | Hillier v Lyttleton Borough Council (1987) 1 NZELC 95,647;H v E (1985) 5 NZAR 333;Lenart v Massey University [1997] ERNZ 253;Z and Y Ltd v A [1993] 2 ERNZ 469 |
| Number of Pages | 9 |
| PDF File Link: | ca 123_02.pdf [pdf 53 KB] |