| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 138/04 |
| Hearing date | 11 Aug 2004 - 12 Aug 2004 (2 days) |
| Determination date | 22 November 2004 |
| Member | H Doyle |
| Representation | J Beck ; A Klinkert |
| Location | Christchurch |
| Parties | A v B Ltd |
| Summary | SEXUAL HARASSMENT - Comments and innuendo by manager and senior employee concerning sexual matters - Alleged manager spread rumour concerning applicant - Language used by manager was of sexual nature - Comments unwelcome and offensive to applicant despite demonstration of apparent resilience at workplace - Comments had detrimental effect on applicant's job satisfaction - Applicant sexually harassed by manager - Senior employee not representative of respondent - Necessary complaint to management about behaviour not made - Harassment claim against senior employee not made out - UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant resigned citing harassment and unpleasant treatment" as reason - Resignation due primarily to rumour allegedly spread by manager and performance issues which had resulted in written warning rather than to comments of sexual nature - Warning fair - On balance of probabilities manager not responsible for rumour - Resignation in reliance on those incidents not reasonably foreseeable - No constructive dismissal - Order prohibiting publication of details identifying parties" |
| Result | Application granted (Sexual harassment) ; Application dismissed (Unjustified dismissal) ; Compensation for humiliation etc ($3,000) ; Costs reserved |
| Statutes | ERA s108;ERA s108(1)(b)(ii);ERA s117;ERA s123(c)(i);ERA Second Schedule cl10(1) |
| Cases Cited | Z & Y Ltd v A [1993] 2 ERNZ 469 |
| Number of Pages | 8 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |