Resolved complaint (246) about victimisation in employment

About the complaint

The complainant alleged that a colleague at the respondent hospitality business sexually harassed her, including by hugging her in order to feel her breasts, calling her ‘sexy’, and touching her bottom and waist. She said she complained about this conduct to the business but no action was taken and she was told to keep her distance from her colleague. The complainant alleged the colleague raped her after a work-related function. She alleged that her hours were reduced after she complained about this to the business.

The hospitality business denied the allegations and indicated a willingness to participate in conciliation.

The complaint was resolved with an agreement that the business pay the complainant $120,000 as general damages and write to her apologising for her experience. The business undertook to ensure its policies and procedures were aligned with its obligations under workplace and discrimination laws and to deliver training to staff on an annual basis to ensure compliance with these policies.

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