| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 53/04 |
| Hearing date | 2 Apr 2004 |
| Determination date | 10 May 2004 |
| Member | P Cheyne |
| Representation | P Redpath ; M Baird (In person) |
| Location | Christchurch |
| Parties | Robertson v Baird |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Allegedly verbally abused by respondent - Paid less than minimum wage - Credibility - Applicant's evidence preferred - Abuse established - Under payment established - Actions amounted to breach of fair and reasonable treatment - Breach of duty by respondent - Constructive dismissal established - PERSONAL GRIEVANCE - Alleged sexual harassment by co-worker - Verbal sexual harassment established - Brought to respondent's attention more than once - Breach of duty by respondent - PENALTY - Failure to provide written employment agreement - Breach established - Penalty awarded - Payable to Crown for deterrence - Shop assistant |
| Result | Application granted ; Reimbursement of lost wages ($6,630)(13 weeks) ; Compensation for humiliation etc ($12,000) ; Penalty ($2,500)(Payable to Crown) ; Costs reserved |
| Statutes | ERA s64(2);ERA s108(1)(b)(i);ERA s117;ERA s118 |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW [1994] 1 ERNZ 168 ; [1994] 2 NZLR 415;Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963 ; [1985] 2 NZLR 372 |
| Number of Pages | 7 |
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