| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 344 |
| Hearing date | 15-Oct-15 |
| Determination date | 05 November 2015 |
| Member | Rachel Larmer |
| Representation | J Ussher ; R Drake |
| Location | Auckland |
| Parties | Key v Programmed Facility Management NZ Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Sexual harassment – Supervisor |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISAL: Respondent did not provide applicant with all relevant information, including complaint of alleged victim and so failed to provide applicant with opportunity to respond. Respondent did not properly investigate. No clear or accurate record of complaint. Respondent relied on unrecorded hearsay information to make decision. Fair and reasonable employer could not have dismissed applicant on substantive merits of allegations. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant reimbursement of lost wages, quantum to be determined. $20,000 compensation appropriate. |
| Result | Application granted ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($20,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 12 |
| PDF File Link: | 2015_NZERA_Auckland_344.pdf [pdf 237 KB] |