Resolved complaint (49) about victimisation in employment
Learn how a complaint (49) about victimisation in employment was resolved through conciliation.
Summary
- Year: 2022
- Relevant Act: Sex Discrimination Act
- Grounds: Aids, permits or instructs; Sexual harassment; Victimisation
- Area(s): Employment
- Settlement terms:
- Compensation
- Anti-discrimination/EEO policy reviewed/revised
- Anti-discrimination/EEO training reviewed/revised
- Settlement amount: $12,000
About the complaint
The Complainant was an operations manager at the respondent trucking company and alleged that a colleague sexually harassed her, including by constantly asking her for dates by text message, touching her on the waist, belly and bottom and saying she looked 'cute', 'hot' and 'sexy'. Further, she alleged that at a non-work related social event, another colleague told her that she should be 'careful'. The complainant said she feared for her safety and resigned from her employment and informed the company of the alleged conduct. She alleged her colleague was aggressive towards her and asked her why she was not talking to him and so she did not serve out her notice period. She alleged a staff member victimised her by informing her mother’s partner of her resignation and allegations of sexual harassment.
The company said it was not aware of the extent of the alleged conduct until it was notified of the complaint to the Commission. The company said it investigated and took appropriate action in relation to the allegations put to it in the complainant’s internal complaint.
The complaint was resolved with an agreement that the company deliver training on sexual harassment to all staff, send staff information about sexual harassment regularly throughout the year, update its policies on bullying and harassment, and pay the complainant $12,000 as general damages. The company also advised it took disciplinary action in relation to some of the complainant’s allegations.
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