The former Napier probation officer who claimed she was sexually assaulted by a district court judge has lost her $50,000 personal grievance case against the Corrections Department.
Gail Neilson sued the department for alleged humiliation, loss of dignity and injury to feelings after she was medically retired from her job 18 months after claiming she was sexually assaulted by then District Court Judge Tony Christiansen at a Gisborne motel in April 2001.
She claimed the department did not adequately support her after the incident and that affected her recovery from post-traumatic stress disorder and prolonged her time off work indefinitely.
During a hearing in April Ms Neilson said she suffered ostracism and emotional abuse from other staff in the Napier office. She claimed the alleged assault was discussed openly among staff, and that a manager quizzed her about the judge's looks. She also claimed that one staff member suggested she should retrain as a chef because no one would want to supervise her after she had made a complaint against the judge.
The department argued that it took several steps to support Ms Neilson after the alleged incident.
In a decision issued yesterday Employment Relations Authority member Paul Stapp dismissed Ms Neilson's claim, saying Corrections bosses had tried to managed an unanticipated event the best way they could.
The department was not only faced with Ms Neilson's allegation but was also required to manage a "divisive office environment".
Mr Staff said the department provided assistance to Ms Neilson with leave and topped up her salary and continued to employ her when she was not at work.
Her ill health "probably had more to do with the alleged sexual assault... than incidents in the office that undoubtedly upset her," he said.
"The evidence is not adequate to establish a claim that the department caused Ms Neilson's recovery to be prolonged because of any of the events that she alleges."
Mr Stapp reserved his decision on whether to order Ms Neilson to pay costs.
Yesterday, Ms Neilson said she was shocked by the decision. She said it was "a kick in the guts" and she was determined to appeal against it in the Employment Court.
"I'm going the whole hog now. I will go to the very last step for justice," she said.
The decision had not addressed any of the claims she had raised about her treatment by Corrections staff "yet he's addressed everything they supposedly did for me," she said.
"I just don't believe justice has been seen to be done."
Ms Neilson said she planned to meet her lawyer Andrew Gallie today to discuss plans for an appeal.
Corrections Department probation and offender services general manager Katrina Casey said the department was pleased the matter had been resolved.
- NZPA
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