Sexual harassment

Sexual harassment at work function

The complainant alleged that she was sexually harassed in the workplace and subjected to discrimination and other prohibited conduct (e.g asked if she wants to have sex).  She also alleges that her husband was victimised for supporting her by making a complaint about the alleged sexual harassment. Both her and her husband resigned due to the stress.

It was agreed that the complainant be paid $20,000, and that the organisation provide anti-discrimination training to its staff from Equal Opportunity Tasmania. Both parties agreed not to disparage one another and to keep the agreement confidential.

Sexual harassment in employment

The complainant alleged sexual harassment against their employer. The allegations included comments both written and verbal, and conduct of a sexual nature that was unwelcomed by the complainant. The complainant asserted they did not complain to their employer about the conduct due to the high standing of the respondent in the industry they both worked in, and the possible consequences to the complainant’s employment if they did make a formal complaint.

The complaint was resolved at conciliation with the individual respondent agreeing to provide a personal written apology to the complainant, and to complete discrimination and prohibited conduct training. The organisational respondent agreed to review its policies and procedures manual and to pay compensation to the complainant. The parties also agreed not to make false or misleading statements about each other.

Sexual harassment complaint goes to Anti-Discrimination Tribunal

The complainant alleged that the respondent made comments about her being a ‘pretty girl’, ‘having what it takes’, that ‘sex sells’, looked her up and down and encouraged her to dress in a certain way.

The respondent also allegedly told the complainant to get used to inappropriate sexual comments from customers because it happens often.

The complaint was accepted for investigation on the basis that the complainant may have been:

  • discriminated against on the basis of gender;
  • offended, humiliated, intimidated, insulted or ridiculed on the basis of gender; and
  • sexually harassed.

The complaint was unable to be resolved by conciliation and the complaint was referred to the Anti-Discrimination Tribunal for inquiry.