| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 109/06 |
| Hearing date | 1 Dec 2005 |
| Determination date | 25 July 2006 |
| Member | P Montgomery |
| Representation | MJ Thomas ; K Knights |
| Location | Christchurch |
| Parties | Hand v McCrostie Builders |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Sexual harassment - Applicant resigned as believed respondent not dealing with complaints - Alleged sexually harassed by another employee, SH - Respondent claimed complaints investigated and after first incident SH warned would be dismissed if behaviour continued - Second incident involved SH staring at applicant - SH verbally warned - SH later complained about applicant and both were suspended - Failure of employer to perceive actions were of sexual nature simply extraordinary - Treating staring as discrete from primary incidents serious error of judgement, it fell squarely under s118 Employment Relations Act 2000 - SH's behaviour sexual harassment - Respondent's investigation process not full and sufficiently robust to uncover relevant facts - Reliance solely on corroborated observations and refusal to accord credence to applicant's account fell well short of obligations - Steps taken to prevent further offensive behaviour poorly conceived and executed - Suspension without contractual right unlawful - Constructive dismissal - Respondent commended for supporting counselling for SH - Length of service 11ï¾½ months - Painter |
| Result | Application granted ; Reimbursement of lost wages ($1,950) ; Compensation for humiliation etc ($10,000) ; Costs reserved |
| Statutes | ERA s108;ERA s117;ERA s118 |
| Number of Pages | 7 |
| PDF File Link: | ca 109_06.pdf [pdf 39 KB] |