| Summary |
UNJUSTIFIED DISADVANTAGE – Applicant dissatisfied with outcome of complaint made against co-worker (“F”) – Applicant argued should have received compensation and F should have been reprimanded – Authority found applicant raised personal grievance but not specifically identified under grounds in Employment Relations Act 2000 – Authority found fact applicant not compensated did not amount to personal grievance – Applicant complained to manager (“G”) that F asked applicant to perform sexual act when confronted F regarding negative remarks about applicant’s performance – G told applicant would speak with F – F denied allegation – F presented written complaint to G claiming applicant showed co-workers letter of complaint about F – Authority found applicant’s complaints stated badly as alleged indecent sexual acts to be performed, threats to cause grievous bodily harm and defamation – Applicant provided details to G alleging F asked applicant to perform indecent act, made fun of teeth, restricted bathroom breaks, and assault threat – F denied all allegations, provided own version of incidents, and argued intimidated by applicant – Authority found evidence from co-workers who applicant claimed to witness incidents denied alleged behaviour occurred – G sought to meet with applicant to discuss investigation but applicant unable to attend due to work injury – Applicant told G all matters could be dealt with via email – G concluded no further action required on complaint after reviewing evidence – Authority found both applicant’s and F’s denials regarding offensive language not persuasive – Authority found had grievance been raised as sexual harassment would have found elements to establish grievance not present – Authority found given applicant’s own use of offensive language no disadvantage suffered – Found G entitled to find complaints not substantiated – Authority noted had reservations about whether wider problem best dealt with by G concluding complaints not substantiated – However, no disadvantage established by procedure followed by G – Chef |