Resolved complaint (316) about sexual harassment in employment and goods, services and facilities

About the complaint

The complainant worked as a cook at the respondent hostel. She alleged a male resident sexually harassed her by making comments of a sexual nature about her to other employees and residents including that she wouldn't be happily married if he ‘got a hold of’ her, that he wanted to 'f**k her hard over the barbecue’ and sleep with another person but picture her head on the other person’s body. The complainant said she reported the behaviour to management but no action was taken. She said the hostel evicted the resident once she notified her job provider, but asked that she make lunch for him and allowed him to return to the hostel. She said she eventually resigned her employment because she felt unsafe at work.

The hostel said the alleged conduct was unacceptable and said it took swift action to remove the resident from the premises when it became aware of the conduct.

The complaint was resolved by conciliation with an agreement that the hostel pay the complainant $30,000 as general damages, $10,000 as a contribution to her legal costs and $5,000 in compensation for economic loss. The hostel also undertook to consider providing training for managers on how to sensitively and compassionately respond to allegations of sexual harassment.

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