Resolved complaint (279) about sexual harassment and victimisation in employment

About the complaint

The complainant was an apprentice mechanic with the respondent waste management company. She alleged that because she was the only female apprentice, she was required to use the men’s bathroom. The complainant alleged a colleague sexually harassed her, including by asking her about her sex life and making explicit comments of a sexual nature, including 'I love your curves', 'I want to grab your ass', and 'I am going to masturbate to your photos tonight'. She said she made a complaint about the conduct, but that following an investigation, she was required to keep working with her colleague and he continued to sexually harass her. She alleged a second colleague sexually harassed her, including by trying to kiss her and making comments of a sexual nature, including 'you are the most beautiful woman I have ever seen', 'I love you so much', 'if I wasn't married, I would take you on dates to the beach, to see you in a bikini'.

On being notified of the complaint, the company indicated a willingness to try to resolve the complaint by conciliation.

The complaint was resolved with an agreement that the company pay the complainant $180,000 as general damages and compensation for legal costs.

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.