| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 50/01 |
| Determination date | 01 October 2001 |
| Member | N Taylor |
| Representation | GK Riach ; R Towner |
| Location | Christchurch |
| Parties | Doherty v Air New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Sexual harassment - Dismissed on notice for sexual harassment of passenger - Commented on and touched passenger's legs - Whether conduct amounted to sexual harassment - Alleged bias - Applicant and witnesses not interviewed by decision-maker - No disadvantage or bias - Process adopted procedurally fair - Honest belief on reasonable grounds that applicant committed serious misconduct - Dismissal open to fair and reasonable employer - Flight attendant |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA Second Schedule cl10;Human Rights Act 1993 s62 |
| Cases Cited | Hillier v Lyttelton Borough Council (1987) 1 NZELC 95,647;Smith v Christchurch Press Company Ltd [1999] 2 ERNZ 685;Unkovich v Air New Zealand Ltd [1993] 1 ERNZ 526 |
| Number of Pages | 7 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |