2018-04-10
The complainant was employed by the respondent telecommunications corporation. He alleged that, during the company’s Christmas party, his male supervisor took the complainant’s genitals in his hand and squeezed while smiling. The complainant alleged the company did not respond appropriately to his internal complaint about the incident because of his sex. He claimed the complaint process was slow, he was required to remain under his supervisor’s supervision and his supervisor was informed of the complaint. He claimed the company required his supervisor to apologise to him and that his supervisor used the phrase “grab your cock” several times during the conversation. The complainant said he felt he had no option but to leave his employment and alleged that the company gave him an adverse reference despite there being no performance issues during his employment, costing him a subsequent employment opportunity.
The company claimed the complainant’s concerns were responded to appropriately and argued it had taken all reasonable steps to prevent sexual harassment in the workplace, including having appropriate policies and procedures in place.
The complaint was resolved with an agreement that the company pay the complainant $25,000 as general damages and write to him acknowledging and expressing regret for the stress and discomfort he said he experienced as the result of the events giving rise to the complaint. The company also undertook to deliver training to managers, leaders and staff in his former team on a range of issues, including sexual harassment, sex discrimination and the company’s complaint process.
Year
Discrimination type
Sex Discrimination Act
Grounds
Sex
Sexual harassment
Victimisation
Areas
Employment
Statement of regret
Compensation
EEO/harassment training
Amount
$25,000