Man denied compensation despite unjustified dismissal

A man fired for sexually harassing workmates at an Auckland restaurant has been denied compensation, despite a "flawed" dismissal process.

Jose Kifouani was sacked from an Auckland branch of Denny's in late 2009 after at least two women complained about his behaviour.

Mr Kifouani, an office administrator, discussed sexual matters with them and watched pornography on his work computer, the women said.

In taking his case to the Employment Relations Authority (ERA), Mr Kifouani said he was unjustifiably dismissed and he was a victim of a "toxic work atmosphere of bullying and harassment".

He sought compensation and lost wages.

During the disciplinary process, Mr Kifouani told the company's human resources consultant Basil Po-Ching the women were ganging up on him because they wanted his affections, but he was not interested in them.

His manager had warned him to be careful when alone with one of the women, as she might try to rape him, he said.

Mr Po-Ching fired Mr Kifouani, saying he was delusional and a threat to staff.

In an ERA report released today, member Dzintra King said while the company's dismissal procedures were flawed, Mr Kifouani actions constituted sexual harassment.

"The dismissal was unjustified but when I consider the matter of contributory behaviour, I conclude that Mr Kifouani did sexually harass his colleagues.

"His behaviour was blameworthy and was such as to disentitle him from receiving any remedies."

- NZPA