Warehouse team leader sacked for touching female colleague's breasts was fairly dismissed, ERA finds

November 9, 2017

The Employment Relations Authority has found The Warehouse was justified in dismissing a team leader for touching another female employee's breasts at a hotel after an awards ceremony.

The authority said there was an initial touching of the complainant's breasts by Kim Randle and the touching was accompanied by explicit comments.

Ms Randle then removed herself from the complainant's bed for a short time but she returned and touched the complainant again in the same area.

The ERA was satisfied that the Warehouse was justified in its decision to dismiss Randle.

"I find the dismissal was within the range of options that a fair and reasonable employer could have taken," ERA member Michele Ryan said in her decision."

"It is unfortunate Ms Randle's employment ended the way it did but the Warehouse's decision to dismiss was justifiable and Ms Randle's claim has failed."

Ms Randle had sought financial remedies associated with her personal grievance.

She initially sought reinstatement but this application was withdrawn.

Ms Randle alleged she had been "set up" by the complainant and other staff and that both times the touching had been accidental.

Her version of events was that she had accidentally "tripped and fallen" onto the complainant's bed and "connected with her breasts".

The incident occurred in September 2016 after an awards ceremony for staff, who stayed at a hotel.

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