The Employment Relations Authority has upheld a personal grievance claim for unjustified dismissal of a young male worker subjected to repeated “banter” of a sexual nature from his co-workers and boss.

The employer questioned the young employee in front of others about his sexuality and he was also asked if he was gay.  When he asked the employer to stop he was told, “If you don’t like it here, p*** off”.  The employee walked out, and brought a constructive dismissal claim.

The ERA has awarded $12,000 compensation for the abuse, plus over $23,000 in wages and $3,500 costs.

The abuse went beyond the bounds of reasonable banter and resulted in the employee suffering physically and emotionally and requiring medical help.

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