Resolved complaint (272) about sex discrimination and sexual harassment in employment

About the complaint

The complainant worked as a receptionist at the respondent driving school. She alleged a manager and other colleagues sexually harassed her and harassed her on the ground of sex, including by discussing their sex lives, making derogatory and sexualised comments about women, asking intrusive questions about and commenting on her personal life, and simulating having sex by 'dry humping' in the work kitchen in front of her. The complainant said she felt she had no option but to resign.

The respondents denied unlawful discrimination and claimed the alleged comments were denied or taken out of context. The respondents claimed the complainant discussed her personal life in the workplace and did not raise any allegations of harassment until the end of her employment. The driving school advised an internal investigation was unable to substantiate the complainant’s allegations.

The complaint was resolved by conciliation with an agreement that the respondents pay the complainant $75,000.

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