| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 203/03 |
| Hearing date | 23 Apr 2003 |
| Determination date | 02 July 2003 |
| Member | K J Anderson |
| Representation | K McDonald ; VW |
| Location | Auckland |
| Parties | AB v XYZ Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Sexual harassment - Complaints about applicant by several female employees - Sleazy comments - Leering stares - Employees felt uncomfortable - One employee considered resigning - Whether actions amounted to sexual harassment under Employment Relations Act 2000 - Actions on their own did not amount to sexual harassment - Pattern of consistent and inappropriate behaviour - Sexual harassment established - Applicant denied allegations when put to him by respondent - Dismissal open to fair and reasonable employer in the circumstances - PRACTICE AND PROCEDURE - Suppression order over information that would have led to identification of innocent parties |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s108;ERA s108(1)(b);ERA s117 |
| Cases Cited | Lenart v Massey University [1997] ERNZ 253;M v B [1999] 1 ERNZ 191;Managh (t/a Managh & Associates & Cafe Down Under Ltd) v Wallington [1998] 2 ERNZ 337 |
| Number of Pages | 7 |
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