Name suppression has lapsed for a 34-year-old Auckland supermarket manager who was fired after having a two-month sexual relationship with a 16-year-old staff member.
Last month, the Employment Relations Authority (ERA) ruled Geoffrey Blackmore had been unjustifiably sacked from his job at General Distributors Limited (GDL) on the North Shore, but did not grant him compensation for his job loss.
The ERA report said the Mr Blackmore and the 16-year-old started having a sexual relationship last year and, when GDL found out, they were told their relationship constituted a conflict of interest.
Mr Blackmore originally denied the relationship, but later, when the girl ended their relationship and Mr Blackmore suggested she resign, he told a disciplinary investigation that the pair had been in a sexual relationship.
The admission, and the suggestion that the girl resign, were deemed to be serious misconduct and led to his sacking.
The ERA said there was no evidence the supermarket had originally introduced its conflict of interest policy to the pair and no allegation of lying had been formally put to Mr Blackmore.
That allegation had formed the basis which led to his sacking.
Failing to notify his manager of the relationship was not the same as lying, the ERA said, and ruled that he had been unfairly dismissed.
However, the ERA declined to make an order determining any remedies because it said Mr Blackmore's lying caused the situation that led to his personal grievance, and his actions were completely blameworthy.
Mr Blackmore, in an online chat session had said he and the 16 year old were "friends with benefits", with the "benefits" being sex.
He told the hearing he thought the supermarket was asking if they were boyfriend and girlfriend.
The explanation was dismissed as disingenuous, insincere and dishonest.
