No naughty Santa here, ERA rules

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A Santa-suited manager accused of sexual harassment at a work Christmas party says he was in shock when he heard the allegation.

Angela Roskam told an Employment Relations Authority hearing she was forced to resign from the Alsco laundry in Dunedin in January after she accused production manager Tony Fallows of sexual harassment.

But the authority found she was not constructively dismissed, noting four alleged incidents were undermined by the evidence or could not be safely assumed to have occurred.

A fifth incident, involving Mr Fallows wearing a "graphic and prominent phallic symbol" attached to a Santa Claus suit, did take place at a work Christmas function.

However, the ERA said no one took offence at the time, and the incident did not constitute sexual harassment that warranted resignation.

As well as raising a personal grievance, Ms Roskam laid a formal complaint with the police, but an investigation concluded the allegations lacked substance.

Instead, police charged Ms Roskam with making a false complaint, but the charge was withdrawn at a formal hearing.

The ERA heard the Christmas party incident took place after Mr Fallows attached a bottle opener to his Santa costume at the urging of a group of female staff members.

He tried to resist but buckled after the fifth or sixth approach.

Ms Roskam said she found it humorous at the time, as did most of those around her. It was only later that she complained.

She also alleged Mr Fallows made improper comments and physically assaulted her.

On one occasion, she claimed, Mr Fallows came up behind her while she was loading sheets on to a conveyer. She said he grabbed her and began thrusting his pelvis repeatedly into her bottom, which made her feel "absolutely sick and violated".

She said he only stopped when a co-worker saw what was happening - a claim the co-worker rejected.

Mr Fallows said outside the hearing he was gutted when the allegations were levelled against him: "I was in shock."

The allegations were not true, he said. Mr Fallows had "no idea" why Ms Roskam had complained about his behaviour. APNZ