| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 290/03 |
| Hearing date | 8 Nov 2002 - 4 Apr 2003 (4 days) |
| Determination date | 25 September 2003 |
| Member | Y S Oldfield |
| Representation | M Crotty ; No appearance, A Steel |
| Location | Auckland |
| Parties | D v N Ltd and Anor |
| Other Parties | Y |
| Summary | SEXUAL HARASSMENT - Immigrant without work permit employed illegally - Consensual sexual relationship with second respondent in return for help with residency application - Ended relationship after unpleasant incident at hotel - Repeatedly pestered by second respondent to resume relationship - Second respondent representative of first respondent employer - Unpleasant incident not harassment in employment" - Subsequent conduct amounted to sexual harassment - Second respondent to pay $5,000 penalty to applicant for instigating breach of employment agreement relating to sexual harassment - UNJUSTIFIED DISMISSAL - Dismissed following brief argument with co-worker and subsequent warning - Dismissal unjustified substantively and procedurally - Strong inference that dismissal due to applicant seeking help over sexual harassment issue - Second respondent to pay $5,000 penalty to applicant for instigating breach of employment agreement relating to unjustified dismissal - First respondent to pay $500 arrears of wages - First respondent to pay $60,000 compensation for humiliation arising from sexual harassment and unjustified dismissal combined - Not entitled to reimbursement of lost wages as employment illegal - Second respondent's application for name suppression refused - Costs reserved - Restaurant manager" |
| Result | Application granted ; Arrears of wages ($500)(First Respondent) ; Compensation for humiliation etc ($60,000)(First Respondent) ; Penalty payments to applicant ($5,000)(Sexual harassment)(Second respondent) ; ($5,000)(Unjustified dismissal)(Second Respondent) |
| Statutes | ERA s108(1);ERA s123(c)(i);ERA s128;ERA s131;ERA s134(2) |
| Cases Cited | Sloggett v Taranaki Health Care [1995] 1 ERNZ 553;Z v A [1993] 2 ERNZ 469 |
| Number of Pages | 11 |
| PDF File Link: | aa 290_03.pdf [pdf 57 KB] |