2018-06-12
The complainant is a teenager and alleged her manager sexually harassed her, including by asking her how much he would have to pay her to have sex with him, whether she masturbated and whether she had ever had an orgasm. She also alleged he offered to buy her a vibrator. She said she made a complaint to a senior manager, but he took no action and allowed the conduct to continue. She also alleged that when she made a complaint to HR her manager contacted her and tried to intimidate her so she would withdraw her complaint. The complainant said she had not returned to work because she felt unsafe.
The retailer argued the conduct was not sexual harassment because it was not unwelcome and claimed the complainant engaged in conduct of a sexual nature at work, including making comments of a sexual nature, rating the attractiveness of men, telling her manager her nipples were pierced and telling him she would have sex with him. The retailer claimed it investigated the complainant’s allegations, offered her a transfer to a different outlet and took disciplinary action against her manager. The retailer advised the senior manager to whom the complainant had made the complaint had since left the business for unrelated reasons.
The complaint was resolved and the parties agreed to end the employment relationship. The retailer agreed to pay the complainant approximately $40,000 as general damages, provide her with a statement of service and deliver training on sexual harassment to its staff. The complainant’s former manager and senior manager agreed to write to the complainant apologising for any distress she experienced as a result of the events giving rise to the complaint.
Year
Discrimination type
Sex Discrimination Act
Grounds
Sex
Sexual harassment
Victimisation
Areas
Employment
Apology
Compensation
Statement of service
Anti-discrimination/EEO training reviewed/revised
Named individual(s) to undertake anti-discrimination/EEO training
Amount
Approximately $40,000