Worker asked how he would swipe for boss on Tinder

The manager of a Morroccan takeaway in Christchurch asking a worker which way he would swipe for her on Tinder was deemed sexual harassment, the Employment Relations Authority says.

Culain Walsh began working at Ferrymead Agadir Ltd, trading as Dubba Deluxe, in May 2018 as a shift manager.

Shortly after starting at his new job, Walsh complained about being sexually harassed by his female manager, who had questioned him about his Tinder profile.

Walsh told the general manager, Jimmy Summerfield, the woman sent him screenshots of his dating profile and asked him ‘‘which way he was going to swipe for her’’.

‘‘This insinuated she was keen on some form of sexual engagement with me,’’ Walsh said.

Some weeks later, Walsh again wrote to Summerfield raising concerns that the harassment continued despite his complaint.

He said the manager was ‘‘touchy’’, commenting on his muscles, lightly prodding him in the side and touching the small of his back.

Summerfield arranged a meeting and the manager apologised to Walsh.

Summerfield described the manager as ‘‘a loud and friendly person’’ and that he saw no evidence of sexual harassment.

However, the authority concluded that the Tinder exchange was of a sexual nature and the manager’s messages were intentional.

‘‘It was unwelcome and unwanted behaviour. Mr Walsh said in his evidence that it did cause him some detriment and he had some days off work as a result,’’ the authority said.

But while the authority agreed Walsh had been sexually harassed at work, it said Summerfield had taken ‘‘fair and reasonable’’ action after Walsh complained.

Walsh asked to be transferred to the Dubba Deluxe’s Moorhouse restaurant and the manager’s employment ended shortly after he moved.

However, Walsh raised discrimination and bullying claims at the Moorhouse store with the authority.

His bullying and discrimination allegations included that he was not trained, was ‘‘harassed’’ by being told on a day everything he did was wrong, being made to ‘‘run around the restaurant and clean tables as soon as people stand up’’.

The authority found each of Walsh’s issues were dealt with by Summerfield as they arose and the evidence did not prove the bullying, discrimination and breach of contract claims.

After a heated argument, Walsh was asked to ‘‘go outside and cool down’’ several times and resulted in his suspension.

Walsh then breached the suspension a number of times by returning to the restaurant, which was considered serious misconduct and led to his dismissal.

Walsh told the authority his dismissal was unjustified and sought $30,000 compensation and reimbursement of lost wages.

But the authority said Dubba Deluxe acted fairly and reasonably and was justified in dismissing Walsh.