| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 115/05 |
| Hearing date | 28 Jul 2005 |
| Determination date | 26 August 2005 |
| Member | P Cheyne |
| Representation | PD Lawson ; F Collins |
| Location | Christchurch |
| Parties | Grimes v T & R Distributors Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Genuine redundancy - Told position made redundant after two meetings - Given opportunity to make suggestions - After meeting applicant deleted personal emails from computer - Company manager approached and asked what she was doing but received no response - Company manager then put arm out and physically moved her away from computer - General manager manhandled applicant out of the way when became concerned she might have been deleting company information from computer - Conduct significant blight on what was otherwise a fair and reasonable process - Unjustified dismissal - SEXUAL HARASSMENT - Alleged company manager's conduct was sexual harassment - Also alleged were other incidents of sexual harassment - Any contact during early part of employment accidental - Conduct on last day of employment not sexual harassment - Customer Services Warehouse person |
| Result | Application granted ; Compensation for humiliation etc ($8,000) ; Costs reserved |
| Statutes | ERA s108 |
| Cases Cited | Aoraki Corporation Ltd v McGavin [1998] 1 ERNZ 601;Lenart v Massey University [1997] ERNZ 253 |
| Number of Pages | 5 |
| PDF File Link: | ca 115_05.pdf [pdf 32 KB] |