| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 56/02 |
| Hearing date | 11 Feb 2002 |
| Determination date | 06 March 2002 |
| Member | D King |
| Representation | C Patterson ; M Gould |
| Location | Auckland |
| Parties | A v X Limited |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Sexual harassment - Alleged inappropriately touched junior employees - Whether decision to dismiss fair and reasonable - Not told purpose of meeting or possibility of dismissal - Informed of complaints but not identity of complainants - Request for opportunity to resign declined - Knew seriousness of situation - Abuse of trust and confidence - No option but to dismiss applicant - Dismissal substantively justified and procedurally fair - Name suppression ordered - Senior manager |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Air New Zealand Ltd v Sutherland [1993] 2 ERNZ 10;Northern Distribution Union v BP Oil NZ Ltd [1992] 3 ERNZ 483;NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35;NZ Workers IUOW v Sarita Farm Partnership [1991] 1 ERNZ 510;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448;Whanganui College Board of Trustees v Lewis [2000] 1 ERNZ 397 |
| Number of Pages | 4 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |