| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 47/05 |
| Hearing date | 25 Jan 2005 - 26 Jan 2005 (2 days) |
| Determination date | 12 April 2005 |
| Member | J Crichton |
| Representation | A (in person) ; K Castiglione |
| Location | Christchurch |
| Parties | A v R |
| Summary | UNJUSTIFIED DISADVANTAGE - Racial harassment - Alleged relieving manager called applicant racially offensive term (the n" word) - Applicant used the "n" word in private life - Co-workers called applicant the "n" word because they were friends - Informal verbal complaint by applicant about relieving manager to general manager - General manager told relieving manager to "tone it down" - Authority accepted racial language used in workplace but no racial harassment because of ready acceptance of it by applicant - Language not hurtful or offensive to applicant or having detrimental effect - No unjustified disadvantage - After mediation respondent had implemented racial harassment policy - UNJUSTIFIED DISMISSAL - Applicant discovered recently hired second chef received higher pay than him - Dispute over whether applicant discovered information by searching through general manager's desk or from co-worker - Applicant and general manager had "blazing row" - General manager said if applicant needed to go then he was fired - Dismissal at least procedurally unfair - Remedies - Contributory conduct 66 percent for provoking general manager - Non-publication order relating to evidence, pleadings and names of parties and witnesses - Chef" |
| Result | Application dismissed (unjustified disadvantage) ; Application granted (unjustified dismissal) ; Compensation for humiliation etc ($3,000 reduced to $1,000) ; Non-publication order ; Costs reserved |
| Number of Pages | 7 |
| PDF File Link: | ca 47_05.pdf [pdf 32 KB] |