| Summary |
UNJUSTIFIED DISMISSAL – SEXUAL HARASSMENT – Short term employment – No appearance for respondent (EI Centro Limited – employer) – Applicant (AB – employee) claimed received inappropriate comments from respondent’s owner (“E”) because of applicant’s sexual orientation – Applicant claimed E started calling applicant nickname with crude allusion to sexually transmitted disease – Applicant claimed tolerated E’s behaviour because new employee and thought E would grow out of it – Claimed E’s behaviour worsened and occurred in front of customers – Claimed E’s behaviour humiliating, sexually discriminatory, and abusive – Claimed felt insignificant, worthless, and isolated – Applicant claimed final incident where ordered to leave employment by E – Claimed when returned to collect remaining pay found hourly rate reduced from earlier agreed rate and told was contractor – Authority found applicant an employee – Found respondent had not taken opportunity offered to justify action against applicant – Dismissal unjustified – REMEDIES – No contributory conduct – Found applicant entitled to reimbursement of lost wages at earlier agreed rate – $6,000 reimbursement of lost wages – Found E’s behaviour amounted to sexual harassment – Found applicant publicly humiliated, derided and belittled for E’s amusement – Found applicant found discriminatory behaviour humiliating, demeaning, and generally distressing to high degree – Found $7,000 compensation appropriate given short employment and discriminatory behaviour confined to that time – However, dismissal sudden and without cause – Applicant asked Authority to make recommendations under s123(1)(d) ERA for remedial action respondent to take to educate and change behaviour of E to prevent harassment of other employees – Authority found recommendations likely to achieve nothing as E sole director of respondent – PENALTY – $1,500 penalty ordered for respondent’s failure to provide written employment agreement – COSTS – Respondent to pay contribution to applicant’s reasonably incurred costs - Front of house manager |