A Santa-suited manager accused of sexual harassment at a work Christmas party in Dunedin says he was "in shock" when the allegation was levelled against him.
Details of the allegation at the Alsco laundry in Dunedin emerged in an Employment Relations Authority (ERA) determination released yesterday.
Angela Roskam claimed she was forced to resign from the laundry in January after she raised sexual harassment allegations against production manager Tony Fallows.
But the ERA found she was not constructively dismissed, noting four alleged incidents were undermined by the evidence or could not be safely assumed to have occurred.
A fifth incident, involving Mr Fallows wearing a "graphic and prominent phallic symbol" attached to a Santa Claus suit, did take place at a work Christmas function.
However, the ERA said no one took offence at the time, and the incident did not constitute sexual harassment that warranted resignation.
As well as raising a personal grievance, Ms Roskam laid a formal complaint with police, but the police investigation concluded the allegations lacked foundation.
Instead, police charged Ms Roskam with making a false complaint, but the charge was withdrawn at a formal hearing.
The ERA heard the Christmas party incident took place after Mr Fallows attached a bottle opener to his Santa costume at the urging of a group of female staff members.
He tried to resist but buckled after the fifth or sixth approach.
Ms Roskam said she found it humorous at the time, as did most of those around her. It was only later that she complained about the incident.
She also alleged Mr Fallows made improper comments and physically assaulted her.
On one occasion, she claimed Mr Fallows came up behind her while she was loading sheets onto a conveyer.
She said he grabbed her and began thrusting his pelvis repeatedly into her bottom, which made her feel "absolutely sick and violated".
She said he only stopped when a co-worker saw what was happening - a claim the co-worker refuted before the ERA.
The second incident allegedly happened when Ms Roskam was talking to her supervisor from the doorway to the supervisor's office.
She said Mr Fallows came up behind her and began rubbing his pelvis inappropriately against her.
Mr Fallows told APNZ he was gutted when the allegations were levelled against him: "I was in shock."
The allegations were not true, he said.
Mr Fallows had "no idea" why Ms Roskam had complained about his behaviour at the work function, and said nobody seemed offended at the time.
"It was a Christmas do ... it was something that all the girls had organised."
He agreed it was distressing for his name to be brought up at the hearing, and upsetting for him and his family.
"I'm just pleased it's over. It's been going on for a long, long time."
Ms Roskam could not be reached for comment.
The ERA heard Ms Roskam went to police in December 2011 but was told to raise the allegations with the company.
She complained to Alsco's head office, which arranged for counselling and engaged an independent investigator to look into the allegations.
Ms Roskam attended neither counselling nor an investigation meeting, saying she had received legal advice not to. She resigned in January and raised a personal grievance.
ERA member Michael Loftus found Ms Roskam was not constructively dismissed, and several allegations of sexual harassment were undermined by the evidence.
The Santa suit incident did take place, but did not constitute sexual harassment,
However, Mr Loftus cautioned the company over its portrayal of the incident as "nothing more than inoffensive skylarking".
"That is a dangerous approach. What constitutes sexual harassment is normally seen through the eyes of the complainant, hence the onus on an employer to address a complaint when it arises.
"Having seen photos of this it is easy to conclude someone could have been offended. To continue to condone such behaviour is, in my view, risky and may have adverse future consequences."
Alsco chief executive Tony Colenso said he would not comment on the ERA's decision.
