| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 279/04 |
| Hearing date | 24 Aug 2004 |
| Determination date | 02 September 2004 |
| Member | M Urlich |
| Representation | R France ; J Cain |
| Location | Auckland |
| Parties | Fonokalafi v Carter Holt Harvey |
| Summary | UNJUSTIFIED DISMISSAL - Alleged sexual harassment - Alleged applicant made sexually offensive comment to co-worker - Suspended on pay during investigation - Process used to implement suspension flawed - Alleged victim withdrew complaint - Applicant dismissed on grounds of sexual harassment - Open to conclude first branch of s108 Employment Relations Act 2000 satisfied - Comments sexual in nature and unwelcome - Second limb of s108 not satisfied - Not established that detrimental effect suffered by alleged victim - Dismissal unjustified - Remedies - Reinstatement ordered - Contributory conduct such that no award of reimbursement of lost wages or compensation - Assistant operator |
| Result | Application granted ; Reinstatement ordered ; Costs reserved |
| Statutes | ERA s108 |
| Number of Pages | 6 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |