| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 81/09 |
| Hearing date | 30 Apr 2009 - 1 May 2009 (2 days) |
| Determination date | 12 June 2009 |
| Member | G J Wood |
| Representation | I Hard ; P Akbar |
| Location | Wellington |
| Parties | Johnson v TPF Restaurants Ltd t/a Burger King |
| Summary | UNJUSTIFIED DISMISSAL – Constructive dismissal – Sexual harassment – Applicant claimed constructively dismissed following failure to provide safe workplace – Disciplinary meeting held to investigate allegations of lateness and swearing – Applicant attended with father who raised allegations of sexual harassment, applicant locked in freezer, use of abusive language and breach of duty – Respondent requested details of allegations and requested participation in reconvened disciplinary meeting – Father declined requests – Applicant had lip pierced contrary to respondent’s policy – Applicant claimed not aware of policy - Respondent made clear piercing unacceptable after applicant first appeared with piercing – Applicant sent home following refusal to remove piercing on second occasion – Applicant did not return to workplace – Authority found sexual harassment not proved – Found respondent not aware of allegation when alleged incidents occurred or when applicant resigned – Found no specifics of other allegations provided to enable investigation by respondent - Found no breaches of duty sufficiently serious to make resignation reasonably foreseeable – Found workplace safe – Found respondent not responsible for freezer incident – Found respondent took reasonable steps in response to swearing – Found no unfairness in letting applicant work late shifts – Found respondent entitled to pursue disciplinary meeting – Found sending applicant home reasonable – No constructive dismissal - Crew Member |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s118 |
| Cases Cited | Auckland Shop Employees IUOW v Woolworths (NZ) Ltd [1985] 2 NZLR 372;Auckland Electric Power Board v Auckland Provincial District Local Authority Officers IUOW Inc [1994] 1 ERNZ 168 |
| Number of Pages | 9 |
| PDF File Link: | wa 81_09.pdf [pdf 34 KB] |