The woman was on a work visa and was fired the day after disclosing her boss had been sexually harassing her. Photo / 123RF
WARNING: This article discusses sexual harassment and may be upsetting to some readers.
A waitress was fired by text message after rejecting advances from her boss who later told her there were places in New Zealand where no one would find her if he killed her.
The woman was sacked the day after she told the man’s wife that he had been sexually harassing her when no one else was around.
Now the Auckland restaurant, which is jointly owned by the husband and wife, has been ordered to pay more than $50,000 in compensation.
The Employment Relations Authority reached a determination after several investigative meetings were held in July and August to uncover what happened between the pair whose details are suppressed.
The woman, known in the decision as JXC, arrived in New Zealand in 2019 on a student visa permitting her to work fulltime in the holidays.
While at a mall one day, she met a woman known as M and they quickly befriended each other due to the fact they came from the same country.
M asked her to lunch one day at the restaurant she owned and operated with her husband known as XOV. When the woman said she had experience in hospitality she was offered work as a front-of-house waitress working alongside M’s husband.
She started work in November 2019. The woman told the ERA work had been going well until her husband’s visa got rejected in 2020 and M’s husband turned his attention towards her.
The woman alleged there were multiple incidents when she was accosted by her boss when no one was around. Between January and the end of May 2020, those incidents included him touching her inappropriately, including on her bottom and breasts, and offering $150 in exchange for sex. She also alleged he masturbated in front of her and had said he wanted to see her for sex when he returned from a work trip.
On May 30, following an assault the night prior, the woman went out to lunch with M and confided in her about her husband’s behaviour towards her.
When she went to work that night she noted feeling uncomfortable and feeling there was gossiping happening around her and the next day, she received texts from M terminating her position.
Following her termination, the woman said M’s husband called her a s***, told her there are “big jungles and forests” in New Zealand and if he killed her no one would know. His wife also posted a photo of her on Facebook calling her a whore.
The woman went to police and gave multiple statements but the ERA decision states a criminal prosecution didn’t proceed due to lack of evidence.
After months of investigation, authority member Helen Doyle said the claims of sexual harassment were proven to a required standard.
“(The woman) was clearly distressed by these instances and found them unwelcome and offensive … the harassment made JXC workplace unsafe and unpredictable.
“Her options for reporting the unwelcome and offensive behaviour were limited. When she did report it cautiously, there was no real support.
“Almost immediately after returning to work JXC experienced uncomfortableness that suggested to her others had been told and sympathy and support lay elsewhere.
“Notwithstanding that, there were real concerns on the part of JXC that she was blamed and her reputation was damaged within the ethnic community by rumours,” Doyle said in her decision.
The restaurant was ordered to pay $8505 in lost wages, $15,000 for unjustified dismissal and $25,000 in compensation for sexual harassment.
Shannon Pitman is a Whangārei-based reporter for Open Justice covering courts in the Te Tai Tokerau region. She is of Ngāpuhi/ Ngāti Pūkenga descent and has worked in digital media for the past five years. She joined NZME in 2023.
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