| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 147/02 |
| Hearing date | 10 Apr 2002 |
| Determination date | 21 May 2002 |
| Member | Y S Oldfield |
| Representation | R Harrison ; P Tremewan |
| Location | Auckland |
| Parties | O v H Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Suspended after complaint of sexual harassment - No explanation until next day at meeting - Suspension unjustified - Given opportunity to respond to allegations - Allegations denied - Open to respondent to believe complainant - Conduct at lower end of scale - Open to respondent to consider dismissal in absence of admission - Applicant never told denials were reason for dismissal - Dismissal procedurally unfair - Remedies - No compensation for distress arising out of fact that complaint made and believed - Contributory conduct 50 percent - Brand manager |
| Result | Application granted ; Reimbursement of lost wages ($6,576.92 reduced to $3,288.46) ; Compensation for humiliation etc ($3,000) ; Reimbursement of lost benefit (Quantum to be determined by parties) ; Costs reserved |
| Statutes | ERA s108;ERA s117 |
| Number of Pages | 9 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |