| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 126/05 |
| Hearing date | 28 Jun 2005 |
| Determination date | 23 September 2005 |
| Member | H Doyle |
| Representation | J Shingleton ; P McMenamin |
| Location | Christchurch |
| Parties | T v S A R Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Identity of employer - Respondent was employer but leave reserved if enforcement issues arose - Constructive dismissal - On final night of employment arrived slightly late to work - Given warning - Resigned - Not constructive dismissal - SEXUAL HARASSMENT - Alleged representative of respondent (S") inappropriately touched applicant, requested she wore a bikini and called her a tease - Also alleged was exposed to "foam party" where stripping took place and offensive photos from that party were publicly displayed - Also alleged were inappropriate pictures in bathrooms - Not sufficiently satisfied on balance of probabilities, given seriousness of allegation that S sexually harassed applicant by touching her - Was sexual harassment by suggesting applicant should wear bikini and referring to her as a tease - Photos in bathrooms could cause offence but not satisfied had detrimental effect on applicant's employment, performance or job satisfaction since her exposure to posters was for only short period over duration of a day - Applicant's concern about photos of foam party was about privacy of participants from parties - Not satisfied she suffered detrimental effect in terms of employment because of photos - Not satisfied applicant knew would be such events involving removal of clothing - Sexual harassment due to being subjected to such event - PENALTY - Failure to provide written employment agreement - Penalty of $300 in favour of crown appropriate - Order prohibiting publication of name of applicant and name of S - Waitress" |
| Result | Application dismissed (Unjustified dismissal) ; Application granted (Sexual harassment) ; Compensation for humiliation etc ($700) ; Application granted (Penalty) ; Penalty ($300)(Crown) ; Costs reserved |
| Statutes | ERA Second Schedule cl12(1) |
| Number of Pages | 6 |
| PDF File Link: | ca 126_05.pdf [pdf 40 KB] |