| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 463/05 |
| Hearing date | 30 Sep 2005 |
| Determination date | 05 December 2005 |
| Member | M Urlich |
| Representation | V Longone (in person) ; P Cullen |
| Location | Auckland |
| Parties | Longone v Auckland East Academy Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Respondent investigated complaint by trainee of sexual harassment by applicant - Respondent's investigation established that applicant told trainee (X") "you got a cute arse" - Procedural irregularities in disciplinary investigation - Not reasonable for respondent to rely on earlier examples of alleged instances of sexual harassment when these not put to applicant - Respondent relied on hearsay evidence that applicant had been told about another tutor's earlier complaint - Further allegation that other trainees had raised with applicant that his behaviour upset X - Applicant denied fair opportunity to comment on this further allegation - No thorough investigation into circumstances of complaint - Inappropriate for someone in applicant's position to make such a comment to student but no reasonable basis upon which respondent could conclude decision to dismiss justified in all circumstances - Remedies - Little or no effort to mitigate loss - Contributory conduct - 50 percent reduction for inappropriate comment - Hospitality tutor" |
| Result | Application granted ; Reimbursement of lost wages (Quantum to be determined)(4 weeks) ; Compensation for humiliation etc ($5,000 reduced to $2,500) ; No order for costs ; Filing fee in favour of applicant ($70) |
| Number of Pages | 6 |
| PDF File Link: | aa 463_05.pdf [pdf 37 KB] |