An ambulance worker who was fired after a colleague complained he sexually assaulted and harassed her has been awarded more than $37,000.
Wellington Free Ambulance team leader Michael Bolton was awarded the money after he complained to the Employment Relations Authority over his dismissal.
Bolton was fired in August 30, 2018, after a coworker accused him of sexual assault and harassment on a fishing trip.
Bolton told the ERA he invited his coworker and a group of other friends to go fishing on his boat on November 18, 2017.
He said the other guests chose not to go so he called his coworker to call it off but decided to go ahead with it so she wasn't disappointed.
The pair headed out on the boat and spent some time fishing. On the way back to shore the woman saw a wetsuit and asked whether they could get some paua as her family liked it.
She says while Bolton was naked and changing into his wetsuit he sexually assaulted and harassed her when she was in her underwear changing. She says Bolton forcibly tried to kiss her while naked and pressed himself against her.
Bolton admitted he was naked and the woman was partially naked but says he did not behave as alleged and there was no sexual assault.
"I pulled up to a good spot and started getting into the wetsuit in the stern of the boat. I was unable to get into my wetsuit in the cabin. (The colleague) was looking away at this point. At one point she turned around and I was half changed."
Bolton said the woman started to get changed not using the cabin. He said the wind then picked up and the dive was abandoned.
"At no point did I look or comment, did not try and kiss her. We did not go swimming, we were not wet or naked."
The pair then returned to shore and the woman invited Bolton to her home where they filleted the fish, had a hot drink and discussed travel. Bolton then left.
The next day she sent Bolton a text with a photo of a meal she had made with the fish. Bolton said there was no mention of an incident on the boat.
But a text on November 22 raised the incident with the woman saying she was upset that Bolton had "hugged and kissed me whilst naked on the boat".
It went on to say she now felt nervous about being near Bolton.
"I don’t want to come back to work at the moment because it’s all just too much," the text read.
Bolton replied saying he was sorry and urged her to come back to work.
"I am so sorry. I let you down on Saturday and I have no excuse. I am not a good person. But please come back to work, talk to me. I care about our friendship. Sorry Sorry Sorry. "
A second text from Bolton encouraging her to return to work followed shortly thereafter.
But Bolton told the ERA he now regrets his responses and they were not an admission of wrongdoing as others might perceive them but an attempt to calm the situation.
Further texts followed from the woman who said while what Bolton did was serious she would forgive and come to trust him again in time.
She said everyone makes mistakes and learns from them but she still needed time to heal and recover before returning to work. She also suggested the possibility of some sort of mediated catch up in order to repair their friendship.
The woman was off work for a couple of weeks after the boat trip though she told Wellington Free Ambulance it was due to gastroenteritis.
Wellington Free Ambulance became aware of the matter after the woman confided in a coworker that she had been sexually assaulted and no longer wanted to work with Bolton.
Bolton was made aware of Wellington Free Ambulance's concern when his manager called him on March 5 to set up an urgent meeting. He was then given a letter that said he was required to attend a disciplinary meeting and outlined why.
Matters progress from there with numerous interactions between the parties and their representatives.
There was also a further meeting with the woman during which, in Bolton’s view, she gave a view of events that materially contradicted her earlier statements.
Bolton also said the woman made a statement saying it had all turned to custard and all blown out of proportion and she never wanted the process, never wanted to say anything, and never wanted to get him in trouble.
Despite this the process continued with further meetings and eventually, Bolton was dismissed for misconduct.
The ERA found issues with Wellington Free Ambulance's handling of the case including the extent of the inquiry into what happened on the boat.
The ERA said evidence shows multiple inconsistencies with the woman's recital of the events.
Other issues the ERA highlighted included Bolton not being given all the information by Wellington Free Ambulance and evidence of premedication with the woman being told, "If you say it happened we will believe you it happened".
It said the investigation into whether Bolton sexually harassed the woman was "far from complete".
The ERA also found Wellington Free Ambulance failed to take reasonable steps to obtain all relevant information and to test major discrepancies.
Ultimately it found Bolton was unjustifiably dismissed.
Bolton applied for reinstatement, lost wages, and hurt and humiliation. But the ERA said reinstatement wasn't an option.
It accepted the dismissal had a major impact on Bolton's life and as a result awarded Bolton $17,233.92 in lost wages and $20,000 for hurt and humiliation.
