| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 233 |
| Hearing date | 20-May-16 |
| Determination date | 07 July 2016 |
| Member | V Campbell |
| Representation | A Suiters ; R Rendle |
| Location | Auckland |
| Parties | Oh v Fletcher Concrete and Infrastructure Ltd (t/a Firth) |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by suspension, bullying by manager and respondent’s breach of good faith – Sales engineer |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISADVANTAGE: Bathroom allegations did not meet respondent’s definition of sexual harassment. Respondent did not consult applicant on proposal to suspend or provide all relevant information to applicant. Suspension unnecessary and unwarranted. Respondent continued suspension beyond reasonable time period. Applicant unjustifiably disadvantaged by suspension. Not satisfied that manager’s actions in pursuing disciplinary process as he did constituted bullying. No breach of good faith not already recognised by finding that suspension unjustified. REMEDIES: No contributory conduct. $6,000 compensation appropriate. |
| Result | Application partially granted ; Compensation for humiliation etc ($6,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4 ; ERA s103A ; ERA s103A(3) ; ERA s174E |
| Cases Cited | Angus v Ports of Auckland Ltd [2011] NZEmpC 160, [2011] ERNZ 466 ; Frank v Air New Zealand Ltd 91995) 4 NZELC 98,352 ; George v Auckland Council [2013] NZEmpC 179, [2013] ERNZ 675 ; Hall v Dionex Pty Ltd [2015] NZEmpC 29 ; Harwood v Next Homes Ltd [2003] 2 ERNZ 433 (EmpC) |
| Number of Pages | 20 |
| PDF File Link: | 2016_NZERA_Auckland_233.pdf [pdf 243 KB] |