| Summary |
CONSTRUCTIVE DISMISSAL – Applicant claimed forced to resign as consequence of co-worker’s (“B”) commission of indecent act – Authority noted issues in case clouded by misconception that B was applicant’s employer - Found B a co-worker – Authority found respondent was applicant’s employer – B charged with, and pleaded guilty to indecent act charge – Authority found applicant victim of disgraceful and inappropriate behaviour from B – Found satisfied incident applicant complained of happened and B was perpetrator – Found clear director of respondent (“H”) had no idea about matter until was with Police – Found H had no idea B and applicant at work premises and no permission given – Found H mystified applicant at work when not rostered on – Found H had no knowledge applicant in workplace with B alone – Found H employed number of young girls and very careful about need to keep them safe – Found never occasion where B would have been rostered on with young female staff without presence of H – Found clear B betrayed H’s trust by effectively using business keys to come and go as pleased and by involving applicant in that illicit behaviour – Applicant thought B was boss in same way thought H was – Found applicant had no knowledge, respondent had no knowledge applicant on premises with B who should also not have been there – Authority found while had greatest sympathy for applicant and ordeal, not persuaded any legal culpability on innocent employer in circumstances – Found H as innocent as applicant and law did not require H to be responsible for acts done on premises when had no knowledge of not just acts themselves but presence of individuals who ought not to be there – Found while events complained of happened at workplace, did not happen during approved work hours and could not be responsibility of employer who knew nothing of events until later – Found even knowledge of events could not create culpability as fact neither staff member supposed to be at workplace at time and under those circumstances – No unjustified constructive dismissal – General hand worker |