| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 177/03 |
| Hearing date | 27 May 2003 |
| Determination date | 17 June 2003 |
| Member | K Raureti |
| Representation | Sangha (In person) ; M Paki, V Wylie |
| Location | Auckland |
| Parties | Sangha v Auckland Glass Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Respondent dismissed applicant and made derogatory references to applicant's race over the phone - Letter of warning delivered to applicant after dismissed over phone - Whether unauthorised leave by applicant - RACIAL HARASSMENT - No racial harassment under s109 Employment Relations Act 2000 - No detrimental affect on employee's employment - Comments made after employee dismissed - Dismissal unjustified - Remedies - Authority had no jurisdiction to provide remedy of apology from respondent |
| Result | Application granted (Unjustified dismissal) ; Application dismissed (Racial harassment) ; Reimbursement of lost wages (7,280)(3 months) ; Compensation for humiliation etc ($3,500) ; Costs to lie where they fall ; Disbursements ($70)(Filing fee) |
| Statutes | ERA s109 |
| Cases Cited | NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35 |
| Number of Pages | 6 |
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