| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 198/08 |
| Hearing date | 2 Dec 2008 |
| Determination date | 22 December 2008 |
| Member | P Cheyne |
| Representation | R Thompson ; B Nathan |
| Location | Christchurch |
| Parties | Glen v K & B Loader |
| Summary | SEXUAL HARASSMENT - Applicant claimed sexually harassed in workplace - Found applicant did not raise grievance at time alleged events occurred and no application for leave to raise grievance out of time - Authority unable to consider matter but found even if could allegations did not amount to sexual harassment under Employment Relations Act 2000 - UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant cousin of one of respondent’s owners (“K”) - Applicant lived with K - No written employment agreement - Applicant claimed worked as permanent part time employee - Respondent claimed applicant casual employee - Authority found applicant only worked when work available - Found applicant casual employee - K asked applicant to move out of house - Applicant informed not required for upcoming function - Applicant claimed request to leave house and no offer of further work constituted unjustified dismissal - Authority found at no point did respondent dismiss applicant - Respondent’s evidence no work available accepted - Authority found applicant ended employment relationship - No dismissal - PENALTY - Applicant sought penalty for failure to provide written employment agreement - Authority found failure allowed applicant to claim employment not casual - Found applicant’s pursuit of unmeritorious claim showed respondent importance of providing written employment agreement - Found overlay of family relationship to employment - Application for penalty declined |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s63A(2) |
| Cases Cited | Wellington, Taranaki & Marlborough Clerical etc IUOW v Greenwich V.V. & C.F. (t/a Greenwich & Associates Employment Agency & Complete Fitness Centre) [1983] ACJ 965 |
| Number of Pages | 5 |
| PDF File Link: | ca 198_08.pdf [pdf 21 KB] |