| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 31/01 |
| Determination date | 13 June 2001 |
| Member | P R Stapp |
| Representation | C Nickalls ; G Norton |
| Location | Wellington |
| Parties | Carre v Air New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Sexual harassment - Alleged failure to follow harassment procedures - Shared accommodation with co-workers while on temporary assignment in Australia - Consumed alcohol while on insomnia medication - Sexually assaulted female co-worker - Assault reported to manager - Immediately requested to return to New Zealand to attend meeting - Warned of seriousness of situation and that dismissal a possibility - Alleged no memory of incident - Dismissed following extensive and fair investigation - Open to respondent to find serious misconduct occurred - Failed to follow harassment complaints procedure - Matter pursued under formal complaints procedure instead - Reasonable decision not to follow harassment procedure - Personal circumstances taken into account in decision to dismiss - No procedural unfairness - Airline officer/cargo clerk |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Airline Stewards and Hostesses of NZ IUOW v Air New Zealand Ltd [1990] 3 NZILR 584;Auckland City Council v Hennessey [1982] ACJ 699;Drummond v Coca Cola Bottlers NZ [1995] 2 ERNZ 229;Northern Distribution Union v BP Oil NZ Ltd [1992] 3 ERNZ 483;NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35;Read v Air New Zealand Ltd [1991] 3 ERNZ 139 |
| Number of Pages | 6 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |