Resolved complaint (275) about sex-based harassment and sexual harassment in employment

About the complaint

The complainant worked as a teacher and counsellor at the respondent faith-based boarding school. He claimed that a director sexually harassed him and subjected him to sex based harassment, including by kissing him on the cheek during a staff meeting, leaning in towards him while he was driving a school bus and confirming that he was going to kiss him, asking him if he wanted a cuddle and draping his arms over the complainant’s shoulder and chest and pressing his body into the complainant’s back. The complainant claimed that after he made complaints about the alleged conduct, the director treated him less favourably and impaired his ability to perform his role. The complainant claimed he was medically retired because the school failed to offer him appropriate support to enable a return to work.

The respondents denied engaging in any unlawful conduct. The school said an independent investigation found the director had kissed the complainant on the cheek as a greeting and that this did not constitute conduct of a sexual nature. The school claimed it took steps to prevent harassment and discrimination against staff and denied victimising the complainant.

The complaint was resolved by conciliation with an agreement that the school pay the complainant $31,000 and write to him expressing regret. The school agreed to provide external training providers engaged by the school with a copy of the complainant’s complaint documents and correspondence between the parties  to inform any professional development sessions they may deliver to school staff.

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