| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 51/08 |
| Hearing date | 26 Jul 2007 |
| Determination date | 01 May 2008 |
| Member | P Cheyne |
| Representation | J Beck ; No appearance |
| Location | Christchurch |
| Parties | K v Mason |
| Summary | PRACTICE AND PROCEDURE - Respondent sought adjournment of proceedings until after charges of theft against applicant dealt with - Investigation meeting went ahead as set by Authority - No appearance by respondent - Determination awaited disposition of criminal charges - Charges withdrawn - Respondent subsequently contacted Authority seeking opportunity to respond - However, made no application to be heard - Determination issued - UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant resigned due to sexual harassment by respondent - Respondent convicted of indecent assault after applicant complained to police - Dismissal unjustified - Remedies Compensation claim modest in circumstances - Separate to victim compensation awarded by District Court - District Court prohibited publication of applicant’s name and similar order made by Authority |
| Result | Application granted ; Reimbursement of lost wages ($6,240)(13 weeks) ; Compensation for humiliation etc ($10,000) ; Orders accordingly ; Costs ($1,500) |
| Main Category | Personal Grievance |
| Number of Pages | 5 |
| PDF File Link: | ca 51_08.pdf [pdf 21 KB] |