An employee working at a backpacker’s hostel
has been dismissed after accusing his boss of sexually harassing him. The
employer sent multiple inappropriate text messages to the employee, but claimed
that they were intended for someone else.
The Employment Relations Authority
upheld the employee’s personal grievance claim for unjustified dismissal.
The ERA found in favour of the
employee’s evidence as the employer’s version of events lacked credibility.
The employee told the ERA that after he
was dismissed the employer chucked out his belongings and threw eggs at him,
and was verbally and physically abusive.
The ERA found that the employer had also
unlawfully deducted money from the employee’s wages when a guest failed to
honour their booking.
The ERA issued a $3,000 penalty against
the employer, and awarded the employee over $10,900 for lost wages, $14,000 in
wage arrears, holiday pay and public holidays worked plus $7,500 compensation.
Alan Knowsley
Employment Lawyer Wellington
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