| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 301/03 |
| Hearing date | 9 Sep 2003 |
| Determination date | 13 October 2003 |
| Member | J Scott |
| Representation | L Campbell ; S Tee |
| Location | Auckland |
| Parties | Rihari v Butcher Jacks Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Alleged sexual harassment - Alleged threats of violence - Whether breach of health and safety led to resignation - Credibility - Respondent's evidence preferred - Threats of violence made - Fully investigated and dealt with - Applicant resigned after animosity due to written warning received - No constructive dismissal - Harassment allegation better dealt with as disadvantage - UNJUSTIFIED DISADVANTAGE - Sexual harassment - Personal grievance different from type alleged - Conversations of sexual nature by employees - Alleged derogatory to female employees - Failure to investigate complaint amounted to disadvantage - Meat packer |
| Result | Application dismissed (Unjustified dismissal) ; Application granted (Unjustified disadvantage) ; Compensation for hurt and humiliation etc ($2,500) ; Costs reserved |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW Inc [1994] 1 ERNZ 168;Managh (t/a Managh & Associates and Cafe Down Under Ltd) v Wallington [1998] 2 ERNZ 337 ; [1998] 3 NZLR 546;NZ Amalgamated Engineering etc IUOW v Ritchies Transport Holdings Ltd [1991] 2 ERNZ 267;NZ Woollen Workers IUOW v Distinctive Knitwear NZ Ltd [1990] 2 NZILR 438;Wellington Clerical Workers' IUOW v Barraud & Abraham Ltd [1970] 70 BA 347;Wellington etc Clerical Workers IUOW v Greenwich [1983] ACJ 965;Western Excavating (ECC) Ltd v Sharp [1978] 1 All ER 713 |
| Number of Pages | 9 |
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