| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 140/08 |
| Hearing date | 15 Jul 2008 - 16 Jul 2008 (2 days) |
| Determination date | 22 September 2008 |
| Member | J Crichton |
| Representation | P James ; L Penno |
| Location | Christchurch |
| Parties | C v D Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - Applicant alleged respondent failed to appropriately resolve his sexual harassment complaint, breaching employment agreement and duty of good faith - Applicant alleged respondent’s managing director (“E”) rubbed genitals against applicant whilst applicant bent over, in action referred to as “dry humping” - Applicant alleged two incidents occurred during Christmas function where workmates flicked at or near genitals - Applicant alleged E made remarks of a sexual nature about applicant and applicant’s adult daughter - Common ground that respondent took immediate steps to ensure behaviour ceased when became clear applicant offended - Respondent did not deny behaviour but denied any sexual connotation to behaviour - Argued behaviour endemic to industry and could not have done any more than it did - Authority found situation not fully remedied by protecting applicant from behaviour as furthered ostracised him causing distress and anxiety - Found fair employer would have progressively taken steps to remove offending behaviour from workplace altogether - Did not accept respondent’s argument that behaviour not sexual - Authority concluded applicant suffered unjustified disadvantage - Authority also satisfied respondent breached employment agreement and statutory duty to provide safe working environment - REMEDIES - Applicant’s health suffered and became stressed - Applicant registered as sickness beneficiary and had very limited other employment since left respondent - $12,500 compensation appropriate - Reimbursement for lost wages awarded - Building labourer |
| Result | Application granted ; Reimbursement of lost wages (Quantum to be determined) ; Compensation for humiliation etc ($12,500) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA Schedule 2 cl10(1) |
| Number of Pages | 10 |
| PDF File Link: | ca 140_08.pdf [pdf 35 KB] |