Resolved complaint (260) about victimisation in employment

About the complaint

The complainant was employed in a variety of roles with the respondent hospitality business. She alleged a colleague sexually harassed her, including by repeatedly calling her ‘sexy’, hugging her in order to feel her breasts, and touching her waist and bottom. She said she complained about this conduct to the business but no action was taken and she was told to stay away from her colleague. She alleged the colleague subsequently raped her after a work Christmas party. She alleged the business reduced her shifts when she made a complaint about the conduct.

The business denied the allegations and indicated a willingness to participate in conciliation to try to resolve the complaint.

The complaint was resolved with an agreement that the business pay the complainant $120,000 as general damages and provide her with a written apology. The business undertook to ensure its policies would be appropriate and consistent with its obligations under workplace laws, and to deliver training in line with those policies on an annual basis.

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.