| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 175/05 |
| Hearing date | 16 Feb 2005 |
| Determination date | 11 May 2005 |
| Member | D King |
| Representation | W lawson ; G Steele |
| Location | Auckland |
| Parties | Mohi and Anor v Parts and Services Ltd |
| Other Parties | B |
| Summary | SEXUAL HARASSMENT – Second applicant (“B) alleged physical and verbal sexual harassment by operations manager (“P”) – Some incidents witnessed by other employees – B told supervisor, who arranged meeting with managing director (“M”) – P not dismissed but told not to have contact with certain staff – Another staff member had reported harassment by P to police – P had also been seen touching a female employee’s bare midriff – M did nothing about harassments despite evidence – M claimed was nothing sexual in P simulating sexual intercourse and inappropriately touching B – M said sexual remarks and behaviour common in engineering workshops and that apprentices used to be stripped naked and have oil poured over them – M saw B’s actions as improper because he had been promoted to managerial position but did not see them as serious misconduct likely to lead to dismissal – M thought it was “more a bullying sort of thing than a homosexual sort of thing” – Also commented that “young people who have bare midriffs are inviting people to put their hands on them" – M failed to deal with complaint in adequate manner - Respondent would be well advised to compile sexual harassment policy and ensure staff aware of it - UNJUSTIFIED DISMISSAL – Both applicants made redundant – Neither applicant given opportunity to comment on possibility of dismissal – Did not know jobs on line until told redundant – Genuine redundancies but effected unfairly - Unjustified dismissal – Permanent name suppression granted to second applicant" |
| Result | Application granted; Compensation for humiliation ($2,500)(First applicant) ; ($6,000)(Second applicant) ; Orders accordingly ; Costs reserved |
| Statutes | ERA s123(d)(ii) |
| Cases Cited | Sloggett v Taranaki Health Care Ltd [1995] 1 ERNZ 553 |
| Number of Pages | 6 |
| PDF File Link: | aa 175_05.pdf [pdf 35 KB] |