| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 489/05 |
| Hearing date | 3 Nov 2005 |
| Determination date | 19 December 2005 |
| Member | R A Monaghan |
| Representation | G Norton ; A Lubbe |
| Location | Auckland |
| Parties | Parohinog v ANZ Bank Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - Written warning - Gap in respondent's policy created situation where term deposits of certain overseas customer matured and there was nowhere to put funds - Employee who worked with term deposits (A") asked applicant to give her an account number so account could be opened and funds deposited - Respondent became aware that applicant had opened new account without obtaining necessary signing authority - Gave applicant written warning - A and her colleagues not interviewed in association with investigation into applicant's actions - A not disciplined - No disparity of treatment because was gap in policy in respect to term deposits but no gap in respect to applicant's obligation to follow verification process - However respondent failed to enquire fully into circumstances prior to issuing warning which meant arguably mitigating factors not taken into account - Unjustified disadvantage - Remedies - Taken into account that respondent withdrew warning several months later - Applicant's error of judgment in not making enquiries prior to opening account was contributory conduct - SEXUAL HARASSMENT - Applicant alleged she was sexually harassed by manager on four occasions after she advised him she was pregnant - First was alleged comment that applicant's nipples were getting bigger - More likely than not that comment made and was language of sexual nature - Unacceptable comment but did not have detrimental effect on applicant's employment - Second was allegation manager put his hand on her stomach - Third was alleged comment that applicant was not getting enough sex - Authority not persuaded on balance of probabilities that these incidents occurred - Fourth was at staff meeting when manager announced that applicant had "something she wanted to tell everyone", referring to pregnancy - Nothing sexual about words at all - No personal grievance - Personal banker" |
| Result | Application dismissed (sexual harassment) ; Application granted (unjustified disadvantage) ; Compensation for humiliation etc ($750) ; Costs reserved |
| Statutes | ERA s103(2);ERA s108;ERA s108(1)(b)(i) |
| Cases Cited | Managh (t/a Managh & Associates and Cafe Down Under Ltd) v Wallington [1998] 2 ERNZ 337 ; [1998] 3 NZLR 546 |
| Number of Pages | 8 |
| PDF File Link: | aa 489_05.pdf [pdf 48 KB] |