| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 89/03 |
| Hearing date | 2 Jul 2003 |
| Determination date | 14 August 2003 |
| Member | H Doyle |
| Representation | R Davidson ; AC Shaw |
| Location | Christchurch |
| Parties | W v YZ Ltd |
| Summary | SEXUAL HARASSMENT - Applicant credible witness - Inappropriate comments and physical contact by co-worker - Applicant did not make complaint to manager under s117 Employment Relations Act 2000 - Alleged manager should have known of harassment from seeing/hearing it occur - Respondent not alerted to need to investigate harassment and not liable under s118(2) ERA - No harassment grievance - UNJUSTIFIED DISMISSAL - Whether constructive dismissal - Whether breach of duty to provide safe workplace - Applicant resigned because of alleged harassment and deteriorating psychological health - Respondent did not know of harassment and no opportunity to address it - No breach of duty to provide safe workplace - No constructive dismissal - UNJUSTIFIED DISADVANTAGE - No breach of duty to provide safe workplace - Advisable to have sexual harassment policy - Grievance not made out - Publication of names and evidence that might have led to identification of parties and respondent's employees prohibited - Noted importance of giving new employees information about different levels of responsibility and authority - Factory worker |
| Result | Application dismissed ; Costs reserved |
| Statutes | ECA s36;ERA s103(2);ERA s108;ERA s108(1)(a);ERA s108(1)(b);ERA s117;ERA s117(1);ERA s117(3);ERA s118;ERA s118(2) |
| Cases Cited | Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963; [1985] 2 NZLR 372;Turk's Poultry Farm Ltd v Adkins [1996] 1 ERNZ 374 |
| Number of Pages | 10 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |