2018-10-15
The complainant is Brazilian and worked at the respondent club. She alleged her supervisor sexually harassed her, including by grabbing her waist and squeezing and responding to a comment from someone who thought the complainant and a colleague were his daughters by saying ‘If you knew what I was thinking of doing with my daughters...’ The complainant also alleged that a club member asked her ‘because you are Brazilian, how deep do you go?’ (referencing oral sex) while making suggestive gestures towards his crotch. She claimed management did not respond appropriately when she complained about the alleged conduct. The complainant resigned from her employment shortly after lodging her complaint with the Commission.
The club claimed it took reasonable steps to identify the member who made the alleged comments to the complainant. The club also claimed the alleged comments were recollected and interpreted differently by the complainant and her colleagues.
The complaint was resolved with an undertaking by the club to ensure all staff undertake online induction before commencement. The club also agreed to deliver training to staff on discrimination and sexual harassment, and to provide interpreters where required. The club agreed to pay the complainant $1,000 and offer her access to three Employee Assistance Program sessions. Finally, the club undertook not to employ the supervisor in any capacity for three months or only as a bartender for six months.
Year
Discrimination type
Sex Discrimination Act
Grounds
Sex
Sexual harassment
Areas
Employment
Employment - other
Compensation
Anti-discrimination/EEO training reviewed/revised
Training
Amount