| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 37/01 |
| Determination date | 05 September 2001 |
| Member | P R Stapp |
| Representation | T Twomey ; P McBride |
| Location | Wellington |
| Parties | Rhodes v Chief Executive Department of Work & Income |
| Summary | UNJUSTIFIED DISADVANTAGE - Given warning after complaints of sexual harassment - Told female colleagues he had dreamed about them - Full and fair investigation - Whether respondent entitled to conclude that conduct amounted to sexual harassment - Authority not to substitute it's view for that of the employer - Open to employer to reach decision after investigation - Work place policy construed more broadly than ERA - Open to fair and reasonable employer to pursue disciplinary action - Service centre manager |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s108 |
| Cases Cited | Airline Stewards & Hostesses of New Zealand IUOW v Air New Zealand Ltd [1990] 3 NZILR 584 ; [1990] 3 NZLR 549;Drummond v Coca Cola Bottlers NZ [1995] 2 ERNZ 229;Northern Distribution Union v BP Oil NZ Ltd [1992] 3 ERNZ 483;Read v Air New Zealand [1991] 3 ERNZ 139;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 |
| Number of Pages | 4 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |