| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 107 |
| Hearing date | 17 Jul 2014 |
| Determination date | 22 July 2014 |
| Member | M B Loftus |
| Representation | A Derbridge ; A Bennetts (in person) |
| Location | Oamaru |
| Parties | A v Bennetts t/a Aarons Furniture To Go |
| Summary | SEXUAL HARASSMENT - UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed sexually harassed and unjustifiably dismissed by respondent - Whether respondent made number of advances towards applicant and proposed that pair have intimate relationship - Whether applicant brought employment to end by leaving immediately after being told position redundant - ARREARS OF HOLIDAY PAY - Applicant sought arrears of holiday pay - Manager |
| Abstract | AUTHORITY FOUND -;SEXUAL HARASSMENT - UNJUSTIFIED DISMISSAL: Authority ordered non-publication of applicant's identity. No pre-existing relationship between parties. Respondent failed to stop behaviour when told to by applicant. Applicant found respondent's approaches an annoyance. Applicant sexually harassed. Applicant told to finish work same day as told position redundant. Fact applicant left early due to shock did not affect conclusion applicant dismissed. No evidence to support claim redundancy genuine and applicant's evidence suggested level of turnover in business that could have supported applicant's retention. Applicant replaced by new manager. Redundancy not genuine. Procedural requirements not met by respondent. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $7,182 reimbursement of lost wages. $12,000 compensation appropriate.;ARREARS OF HOLIDAY PAY: Appropriate to accept applicant's claim not paid holiday pay in light of respondent's failure to keep or produce wage and time records. Respondent to pay applicant $695 arrears of holiday pay. |
| Result | Applications granted ; Reimbursement of lost wages ($7,182.50) ; Compensation for humiliation etc ($12,000) ; Arrears of holiday pay ($695.20) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A)(c);ERA s103A;ERA s103A(3)(b);ERA s103A(3)(c);ERA s103A(3)(d);ERA s108(1)(a);ERA s108(1)(b);ERA s124;ERA s128(2);ERA s132;Human Rights Act 1993 s62(1);Human Rights Act 1993 s62(2) |
| Cases Cited | Coutts Cars Ltd v Baguley [2001] ERNZ 660 ; [2002] 2 NZLR 533;Jinkinson v Oceana Gold (NZ) Ltd (2011) 9 NZELC 93,655;Proceedings Commissioner v Sahay [1996] 2 ERNZ 388 |
| Number of Pages | 9 |
| PDF File Link: | 2014_NZERA_Christchurch_107.pdf [pdf 167 KB] |