Restrictions OK
Jurisdiction Employment Relations Authority - Wellington
Reference No WA 179/04
Hearing date 9 Dec 2004
Determination date 23 December 2004
Member D Asher
Representation M Brewer ; no appearance
Location Wellington
Parties Riyad v Gurlyene t/a Abrakebabra
Summary UNJUSTIFIED DISMISSAL - No appearance for respondents - Satisfied was proper for Authority to proceed to investigate problem notwithstanding absence of respondents - Applicant alleged co-worker abused and sexually harassed her after she reported that she had seen co-worker take money from till - Alleged first respondent harassed her, swore and belittled her in front of employees and customers - Alleged further problems when she refused first respondent's proposal that she marry a man he introduced to her and her refusal to go out with her manager - First respondent accused her of theft and told her to get out of the shop - Unjustified dismissal - PENALTY - No written employment agreement - Shop assistant
Result Application granted ; Reimbursement of lost wages ($4,957.14)(10.57 weeks) ; Compensation for humiliation etc ($10,000) ; Penalty ($500)(To Crown) ; Costs reserved
Statutes ERA s63A;ERA s64;ERA s65;ERA s124;ERA s133;ERA s135;HSE s6(a)
Cases Cited Butterworth v Williams unreported, GJ Wood, 8 March 2002, WA 23/02
Number of Pages 8
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