Rosie cafe worker Amanda Bailey (L) wrote: "The public had a right to be aware of how poorly their Prime Minister had behaved".

Serial litigator Graham McCready has failed in his bid to bring a human rights claim over waitress Amanda Bailey's hair pulling, after she refused to cooperate.

The Human Rights Review Tribunal dismissed the claim brought by McCready's New Zealand Private Prosecution Services accusing the Prime Minister John Key of violating Bailey's rights when he pulled her hair.

The infamous ponytail-pulling by Key at his favourite Parnell, Auckland cafe drew McCready's attention and he launched a private prosecution through the courts, alleging Key's conduct amounted to assault.

Fairfax NZ Serial litigator Graham McCready brought a claim to the Human Rights Tribunal.

When that claim failed he launched another application with the tribunal, which alleged Bailey's right to not be sexually harassed at work had been breached.

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The complaint to the tribunal alleged Bailey had been sexually harassed despite complaining to her employer, and that she should receive financial compensation.

However the tribunal found a "fatal flaw" in McCready's claim in that the part of the Human Rights Act that he was applying under was relegated to employment situations, which Key had nothing to do with.

McCready had failed to prove Key had any involvement in Bailey's employment, the decision said.

It also noted that Bailey "refused to cooperate" in the bringing of the claim, and that McCready's allegations were cobbled together from media reports.

"As with the attempted criminal prosecution, it [McCready's prosecution company] has brought the proceedings for its own purposes, not to vindicate the rights of an otherwise voiceless or disempowered individual," the report said.

"Ms Bailey has given neither her consent, or her cooperation."

The proceedings were dismissed based on a lack of "arguable grounds," a report released on Thursday said.

The Prime Minister's office has been contacted for comment.