KEY POINTS:
A man has been ordered to pay a woman almost $18,000 for sexually harassing her while she was working for him.
Alan Mason operated a business called Melbourne Discount Cigarettes and Tobacco Dairy in South Auckland, the Employment Relations Authority ruling said.
The complainant, who has permanent name suppression, worked for Mason from February 2005 until December 2005.
During that time Mason groped the woman, made sexual comments about her body and propositioned her for sex.
The woman said Mason constructively dismissed her, because he felt she had to leave the workplace because of the harassment.
She complained to the police about his behaviour and he was later convicted of indecent assault.
Authority member Philip Cheyne said the grievance claim was based on the same conduct.
After receiving the complaint, Mason accused the woman of theft - a charge which was later dismissed by police.
The Employment Relations Authority organised meetings between Mason and the woman in July 2007, which he failed to appear at.
Mason said there had been a misunderstanding about the timing of the meeting.
However, he delayed subsequent meetings for a further five months by refusing to supply his address to the authority, despite repeated requests, and changing lawyers four times.
In April, Mr Cheyne said he would give Mason "one final chance to properly explain his non-attendance at the investigation meeting".
A letter was sent to Mason, but the authority received no response.
Mr Cheyne found Mason had constructively dismissed the complainant.
"By sexually harassing the applicant in the way complained of by her, Mr Mason seriously breached his obligations to her.
"The applicant resigned in response to the ongoing harassment and it was reasonably foreseeable that a person might resign in such circumstances," Mr Cheyne said.
He accepted the woman's evidence that she had lost 13 weeks worth of wages as a result of her grievance. He ordered Mason to pay her $6240 as compensation.
Mr Cheyne also ordered Mason to pay $10,000 in compensation for the woman's distress as a result of filing the grievance and $1500 costs.
"Mr Mason obstructed rather than facilitated the authority's investigation," Mr Cheyne said.
- NZPA
