Resolved complaint (131) about sexual harassment in education and employment

About the complaint

The complainant was a student at the respondent university and worked as a life guard at an aquatic centre operated by the university. She alleged a colleague sexually harassed her, including by touching parts of her body, kissing her cheeks, slapping her on the bottom and telling her she was “hot” and “pretty”. She said she made a complaint to the university about the alleged conduct and that, following an investigation, the university took steps to separate them in the workplace. The complainant alleges that due to a scheduling error, she was rostered to work with her colleague and felt unsafe to return to work after that time.

The university denied that the alleged conduct constituted sexual harassment. The university claimed it was not vicariously liable for any sexual harassment in the workplace, as it took all reasonable steps to prevent such conduct and responded appropriately to reports of its occurrence.

The complaint was resolved with an agreement that the university pay the complainant $60,000 as general damages.

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