Resolved complaint (259) about victimisation in employment
Learn how a complaint (259) about victimisation in employment was resolved through conciliation.
Summary
- Year: 2025
- Relevant Act: Sex Discrimination Act
- Grounds: Sex; Sexual harassment; Victimisation
- Area(s): Employment
- Settlement terms:
- Compensation
- Settlement amount: $150,000
About the complaint
The complainant worked at a bar operated by the respondent hospitality business. The complainant alleged the bar’s chef sexually harassed her, including by leering at her, persistently inviting her out for dinner or drinks, asking personal questions, making comments about her appearance, hugging her without her consent, and grabbing and sniffing her hair. She alleged that when she told senior managers about the alleged conduct, they discouraged her from escalating her concerns and changed her duties and shifts to her detriment. She alleged the chef became aggressive towards her and she felt she had no option but to resign.
The business acknowledged that the complainant felt that she was treated inappropriately and that her concerns were not taken seriously. The business said it did not condone inappropriate behaviour by staff and took reasonable steps to prevent sexual harassment in the workplace, including staff training. The business said an internal investigation was unable to substantiate the allegations of sexual harassment but found allegations of aggressive behaviour to be substantiated. The business said it took appropriate disciplinary action.
The complaint was resolved by conciliation with an agreement that the business pay the complainant $150,000 and that the chef write to the complainant apologising for any distress she experienced associated with the events giving rise to the complaint.
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