| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 481 |
| Hearing date | 4 Nov 2014 |
| Determination date | 24 November 2014 |
| Member | A Fitzgibbon |
| Representation | S Scott ; A Twaddle |
| Location | Hamilton |
| Parties | Newman v Taxi Lease Ltd t/a The Plant Place |
| Summary | SEXUAL HARASSMENT – UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed sexually harassed and unjustifiably dismissed by respondent – Whether applicant touched, fondled and hit inappropriately by respondent’s director (“S”) – Whether applicant hit and slapped on bottom – Whether S brushed applicant’s breasts – Whether S made lewd and inappropriate comments to applicant – Whether slap on applicant’s bottom “fun slap” – Garden assistant |
| Abstract | AUTHORITY FOUND –;SEXUAL HARASSMENT – UNJUSTIFIED DISMISSAL: Applicant had obligation to raise any issues with S. Applicant not sexually harassed during course of employment and applicant failed to raise grievance with respect to earlier incidents within 90 days. Applicant only considered earlier incidents amounted to sexual harassment after final incident. S slapped applicant in context of joke between applicant and S. Final incident one-off “fun slap”. Slap did not constitute sexual harassment. No sexual harassment. No constructive dismissal. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s108(1)(b);ERA s108(1)(b)(iii);ERA s114(1);ERA s114(3) |
| Cases Cited | Kumar v Icehouse (NZ) Ltd [2006] ERNZ 381;Newman v Taxi Lease Ltd t/a The Plant Place [2014] NZERA Auckland 473;Z v A [1993] 2 ERNZ 469 |
| Number of Pages | 11 |
| PDF File Link: | 2014_NZERA_Auckland_481.pdf [pdf 263 KB] |