Resolved complaint (37) about sexual harassment in employment
Learn how a complaint (37) about sexual harassment in employment was resolved through conciliation.
Summary
- Year: 2021
- Relevant Act: Sex Discrimination Act
- Grounds: Sex; Sexual harassment
- Area(s): Employment
- Settlement terms:
- Compensation
- Anti-discrimination/EEO policy developed
- Anti-discrimination/EEO policy reviewed/revised
- Anti-discrimination/EEO training introduced
- Anti-discrimination/EEO training reviewed/revised
- Settlement amount: $10,000
About the complaint
The complainant was employed as a trade assistant with the respondent commercial bricklaying company. She alleged co-workers sexually harassed her by making comments of a sexual nature, including that she could swallow a banana whole and they were going to tie her up and take her to a rape dungeon. The complainant said the comments ceased after she made an informal internal complaint. She alleged that some months later, a co-worker distributed nude photos of her which he had taken without her knowledge or consent whilst they were in an intimate relationship. The complainant alleged the company had no policies or procedures in place to prevent or respond to sexual harassment in the workplace. The complainant felt unable to return to work.
On being notified of the complaint, the company indicated a willingness to try to resolve the complaint by conciliation.
The complaint was resolved with an agreement that the company pay the complainant $10,000. The company also undertook to:
- Implement regular training for managers and supervisors on sexual harassment and relevant policies and procedures
- Implement regular training for all staff on sexual harassment and discrimination
- Develop and implement an internal complaints policy and process
- Retain a law firm to review the company's policies, procedures and training on sexual harassment, bullying and discrimination.
Guidance on the use of these summaries
This is a summary of a selected complaint that has been resolved through our conciliation process. It's designed to help people better understand how complaints might be resolved and what outcomes are possible.
These summaries are for general guidance only and are not legal advice. If you need advice about your situation, you should seek independent legal support.
Please note:
- all complaints are de-identified
- complaints are resolved on a 'without admission of liability' basis
- some content may include confronting or offensive language.
