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Resolved complaint (107) about sex discrimination in employment

Learn how a complaint (107) about sex discrimination in employment was resolved through conciliation.

Sex and gender Conciliation register entry

Summary

  • Year: 2024
  • Relevant Act: Sex Discrimination Act
  • Grounds: Sex; Sexual harassment; Victimisation
  • Area(s): Employment
  • Settlement terms:
    • Compensation
    • Anti-discrimination/EEO policy reviewed/revised
    • Anti discrimination/EEO training introduced
    • Anti-discrimination/EEO training reviewed/revised
  • Settlement amount: $55,000

About the complaint

The complainant alleged that a manager sexually harassed her by having unconsensual sex with her after a work Christmas party at his home when she was intoxicated and unconscious. The complainant was no longer employed with the company at the time the complaint was lodged.

The company claimed it could not be held liable for any alleged sexual harassment. The company said it had communicated with staff concerning conduct expectations prior to the party, food had been served at the event and the alleged sexual harassment occurred after the party ended and at a different location.

The complaint was resolved with an agreement that the company pay the complainant $55,000, review relevant policies and offer the complainant an opportunity to comment, commission appropriately qualified external trainers to deliver workplace behaviour training to managers, and commission trauma-informed training on sexual harassment for human resources staff.

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.

Guides

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