WARNING: This article discusses sexual harassment and may be distressing.

A young woman who moved her life to Kaikōura expected an exciting job opportunity, instead was sexually harassed by her boss, leaving her feeling trapped.

Murray Boyd touched his much younger employee on her breast and waist, made inappropriate comments to her and even forced himself on her in an attempt to kiss the woman after calling her into the chiller.

Now, she’s been awarded more than $35,000 after successfully arguing unfair dismissal in a recent Employment Relations Authority [ERA] determination.

The woman, who has permanent name suppression, left her home in Christchurch to work for Boyd at his Irish hotel and bar, Donegal House in Kaikōura, after the pair met at a music gig there.

They “hit it off” over breakfast the next morning as the woman was a guest at Boyd’s accommodation and Boyd offered her a job as a barperson/waitress. He also offered her accommodation and food as part of the deal.

The woman made the move and said while she got along well with Boyd, the relationship quickly deteriorated as he began to touch her on intimate areas of her body, causing her to feel unsafe.

Boyd’s behaviour toward the woman became more inappropriate, including trying to kiss her and touch her breast, despite her attempts to pull away and tell him no. She resigned and left Kaikōura within weeks.

She later took Boyd to the ERA, claiming he sexually harassed her and created an unsafe work environment that caused her unjustified dismissal.

Boyd rejected any claim of sexual harassment and said his hotel operated on the basis of informality, humour, hugging and sometimes touching to get past each other behind the bar.

He said the woman knew about this culture before accepting the job.

The woman started working for Boyd in January 2021 and said “red flags” were raised early, particularly in the texts she would receive from Boyd.

He ended some messages with an “x”, and called her “gorgeous”, “darling” and “my dear”. He also said things like “Darling, I would love you behind the bar” and asked her what she would be wearing.

The woman said Boyd would put his hand on her waist and grab her hip when walking past her behind the bar.

He kissed her on the forehead, would ask her to stop working and have a drink with him and asked her to follow him into the chiller, out of sight from others.

In there, Boyd grabbed her, pulling her toward him saying “Give me a little kiss” while leaning in. When she said no and pulled away, he pulled her toward him again and asked for a kiss on the cheek but eventually let her go when she resisted.

The woman recorded instances such as Boyd winking at her, pinching her waist, telling her “I bet you think I’m incredible”, and holding her waist when she was serving customers, pulling her in tighter when she tried to pull away.

He touched her lower breast/ribcage area and didn’t step in when a customer called her a “b***h, f***ing lesbian” and threatened to get the Mongrel Mob on her.

On one occasion she said Boyd called her out to the chiller to show her how to change a keg and grabbed her face and kissed her cheek.

He also told her “I’d like to have you in a little pair of shorts and nothing else,” to which she replied, “Well that’s not happening”.

That same day while the woman was backed up against the corner of the bar Boyd placed his hands around the side of her neck. When she lent away Boyd slid his hand down her upper chest and asked for a kiss.While sitting at the same table as Boyd and other staff members during lunch, the woman recalled an occasion when Boyd was trying to sit next to her and touch her arm and leg under the table.

Another employee spotted this and said to Boyd “No touching!”. This staff member and a customer had told the woman not to be left alone with Boyd and other customers had also warned her to be careful around him.

Boyd argued that his actions were not sexual or inappropriate in any way, claiming that the woman had a sensitivity to being touched which was not relayed to him.

He admitted to making the comment about wanting the woman in a little pair of shorts and nothing else but said this was fun humour.

He also admitted to sending her “x’s” in texts which meant a kiss, winking at her and hugging her but said this was not sexual.

Boyd admitted touching the woman on the arm or shoulder to get past when going behind the bar and accused her of deliberately standing in the way behind the bar, making it difficult to get past.

The woman said she felt “stressed and trapped” in her job, particularly being in a new place without her family around her for support and had to sleep on her friend’s couch after leaving as she had nowhere to live.

Murray Boyd would touch the woman inappropriately when walking past her at the bar. Photo / Alex Serebryakov

She cried with relief when she realised she could resign but was unable to work in hospitality any longer as she became triggered by male customers and her mental health declined.

Employment Relations Authority member Lucia Vincent found that the woman’s account was more believable than Boyd’s.

Vincent said that Boyd’s own witness admitted that he was “touchy feely”, particularly toward women.

Boyd also admitted drinking alcohol while at work, something Vincent said could affect his recall of events.

Vincent found Boyd’s behaviour toward the woman was inappropriate and lacked professionalism, stating the power imbalance between Boyd and the woman, who was much younger than him.

“I accept Murray’s language or behaviour that was of a sexual nature detrimentally affected [the woman’s] employment and satisfaction at work.”

Vincent was satisfied that the woman had a personal grievance for unjustified dismissal due to the sexual harassment she was experiencing at the hands of her boss.

Vincent ordered Boyd to pay the woman $35,000 as well as eight weeks’ wages to make up for her time being unable to work.

She also recommended Boyd undertake a policy review to deal with complaints of sexual harassment with training to prevent future issues.

SEXUAL HARM

Where to get help:
If it's an emergency and you feel that you or someone else is at risk, call 111.
If you've ever experienced sexual assault or abuse and need to talk to someone, contact Safe to Talk confidentially, any time 24/7:
• Call 0800 044 334
• Text 4334
• Email [email protected]
• For more info or to web chat visit safetotalk.nz
Alternatively contact your local police station - click here for a list.
If you have been sexually assaulted, remember it's not your fault.