Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 40/07
Hearing date 16 Feb 2007
Determination date 12 April 2007
Member J Crichton
Representation R Davidson ; S Caradus
Location Christchurch
Parties Leggett v McMaster
Summary JURISDICTION - Whether accord and satisfaction – Applicant genuinely redundant – Despite genuine attempt, respondent failed to meet procedural fairness obligations – At end of notice period parties agreed extra payment would be made to applicant – Payment in full and final settlement – Deficit cured - UNJUSTIFIED DISADVANTAGE – Discrimination – Alleged respondent failed to deal with verbal abuse and harassment by co-worker as result of applicant's sexual orientation – Co-worker admitted insulted applicant occasionally but claimed simply responding to applicant's behaviour – Respondent acknowledged applicant complained, but only in relation to insults, not sexual harassment – Claimed asked co-worker to behave and later separated men so no longer worked together – Respondent dealt appropriately with complaint – No unjustified disadvantage – Gardener
Result Application dismissed ; Costs reserved
Main Category Personal Grievance
Number of Pages 6
PDF File Link: ca 40_07.pdf [pdf 35 KB]