| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 222/05 |
| Hearing date | 6 Sep 2004 - 8 Oct 2004 (3 days) |
| Determination date | 17 June 2005 |
| Member | Y S Oldfield |
| Representation | M O'Brien ; S McCabe |
| Location | Auckland |
| Parties | Henry v Patrick Distribution Ltd |
| Summary | SEXUAL HARASSMENT - Abusive text messages sent from respondent's mobile phone at social function hosted by respondent to applicant's mobile phone - Second text sent contained references to sodomy - Language was sexual in nature and caused applicant great distress - No one admitted to sending text - Applicant believed text sent by employee at same level in organisation - Insufficient evidence to establish text came from representative of employer so claim under s108(1)(b) ERA failed - Whether respondent received complaint about sexual harassment and failed to take whatever steps practicable to prevent repetition of behaviour under s117 ERA - Applicant gave insufficient details in complaint to indicate to respondent abuse was sexual in nature - Sexual harassment claim not made out - UNJUSTIFIED DISMISSAL - UNJUSTIFIED DISADVANTAGE - Constructive dismissal - Alleged National Manager told applicant to go away when she raised complaint - National Manager probably did say something that sounded dismissive to applicant but this rectified by action of applicant's superior - Brief inquiries conducted by National Manager on basis of limited information he had were reasonable - Superior's explanation as to why she did not contact applicant while on stress leave to tell her what happened accepted - No personal grievance |
| Result | Applications dismissed ; Costs reserved |
| Statutes | ERA s108(1)(b);ERA s117;ERA s118 |
| Cases Cited | Sloggett v Taranaki Health Care Ltd [1995] 1 ERNZ 553 |
| Number of Pages | 8 |
| PDF File Link: | aa 222_05.pdf [pdf 50 KB] |