The Corrections Department has been ordered to re-hire and pay $43,000 in compensation to a Manawatu Prison guard dismissed after allegedly sexually harassing another staff member.
The Employment Relations Authority (ERA), in a decision released today, has criticised the Corrections Department for not having enough evidence of the harassment and
for "shortcomings" in its dismissal process.
Acting principal corrections officer Rex Field was dismissed from his job at Manawatu Prison in September 2009 after allegations of sexual harassment made against him by a colleague.
The complainant, another corrections officer, claimed Mr Field sexually, physically and verbally abused her and made her life difficult at work.
After an employment investigation a report concluded that though there was no first-hand account of Mr Field's behaviour there was corroborative evidence that the behaviour did happen.
But Mr Field claimed the Corrections Department did not have enough evidence during its investigation and the Public Service Association raised a personal grievance on his behalf.
Mr Field's lawyers said the investigation process was flawed, a number of potential witnesses were not interviewed, the investigator's style of questioning was biased, and the findings could not be justified on the evidence gathered.
ERA member Paul Stapp found there was no evidence that Mr Field had been guilty of serious misconduct and the absence of witnesses meant there could be no blameworthy conduct.
He accepted that reinstating Mr Field to his job might cause tension but could not see a reason why it would not work out.
He ordered Mr Field be given his job back as well as Corrections paying him compensation of nearly $35,000 for lost wages and $8000 for hurt and humiliation.
- NZPA
