| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 449/10 |
| Hearing date | 9 Mar 2010 |
| Determination date | 18 October 2010 |
| Member | Y S Oldfield |
| Representation | M Harris (in person) ; B Jensen |
| Location | Auckland |
| Parties | Harris & Anor v W.J. & E.K. Cavanagh Ltd |
| Other Parties | Cavanagh Motors Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – Medical clearance required before applicant could return to work following period of sick leave – Respondent claimed concerned about applicant’s safety in mechanical workshop given symptoms – Applicant claimed request for medical clearance in response to issues with co-worker – Authority found reasonable and prudent for respondent to require medical clearance before allowing applicant back on job – No disadvantage in relation to request for medical clearance – Applicant subject of sexual harassment complaint – Found applicant’s conduct sufficiently serious that disciplinary action justified – No formal disciplinary action taken – Applicant claimed investigation into complaint should have been brought to formal close and should have been informed of outcome – Found applicant clearly unwell and unable to cope with stress of formal meetings – Found applicant lacked insight into own conduct – Found respondent acted as fair and reasonable employer – No disadvantage in relation to handling of sexual harassment complaint – Applicant alleged assaulted by co-worker – Applicant made allegation after receiving advice of sexual harassment complaint – Co-worker denied assault and applicant did not provide specifics of event – Respondent did not make extensive efforts to elicit information – Respondent did not wish to distress applicant further – No disadvantage in relation to handling of complaint by applicant – UNJUSTIFIED DISMISSAL – Applicant claimed dismissed because of issues with co-worker – Found dismissal took place long after sexual harassment complaint made – Found applicant on notice of need to provide medical information regarding sick leave and sufficient time given to do so – Found dismissal arose because applicant failed to provide information – Dismissal justified |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 9 |
| PDF File Link: | aa 449_10.pdf [pdf 27 KB] |