| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 60/03 |
| Hearing date | 25 Mar 2003 - 26 Mar 2003 (2 days) |
| Determination date | 27 March 2003 |
| Member | P Cheyne |
| Representation | H Young ; P Redpath |
| Location | Christchurch |
| Parties | Y v O |
| Summary | UNJUSTIFIED DISMISSAL - SEXUAL HARASSMENT - Whether sexual harassment - Parties had been intimate prior to commence of employment relationship - Respondent made sexual advances towards applicant - Initiated attempts of physical contact with applicant - Applicant refused advances - Alleged verbal abuse and intimidation by respondent - Harassment established - No verbal abuse or intimidation - Resignation due to harassment - Constructive dismissal and harassment established - Remedies - Agreement was fixed term - Entitled to payment for entire period - Parties to determine quantum of lost wages - Leave reserved if agreement not reached - UNJUSTIFIED DISADVANTAGE - Alleged substandard working conditions and accommodation - Applicant provided accommodation as part of position - Accommodation initially without hot water - Position rectified as water system fixed - Working conditions not ideal but not significantly substandard - No disadvantage established - Non-publication order - Order prohibiting the publication of the identity of applicant and respondent |
| Result | Application granted (Unjustified dismissal) ; Application dismissed (Unjustified disadvantage) ; Reimbursement of lost wages (Quantum reserved) ; Reimbursement of lost benefit ($2,295)(Bonus) ; Compensation for humiliation etc ($12,500) ; Costs reserved |
| Statutes | ERA s103(1)(d) |
| Cases Cited | Lenart v Massey University [1997] ERNZ 253 |
| Number of Pages | 5 |
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