2018-11-24
The complainant worked as a store and deli team member with the respondent supermarket. She alleged a more senior team member sexually harassed her including by sending her text and online messages asking her on a date, asking what she looked like without her head scarf and telling her she was sexy. She alleged that when she made a complaint to Human Resources, the matter was not properly investigated and she was threatened with disciplinary action.
The supermarket claimed the complainant and individual respondent were in a relationship and the alleged conduct was reciprocated by the complainant. The supermarket said it could not substantiate allegations of sexual harassment and therefore reminded both staff members of their obligations with respect to appropriate workplace behaviour. The supermarket also required both staff members to complete an online training module on the supermarket’s code of conduct.
The complaint was resolved. The parties agreed to end the employment relationship. The supermarket agreed to pay the complainant $27,000 ex-gratia and provide her with a statement of service. Both respondents agreed to write to the complainant expressing regret for the events giving rise to her complaint.
Year
Discrimination type
Sex Discrimination Act
Grounds
Sex
Sexual harassment
Victimisation
Areas
Employment
Compensation
Statement of regret - private
Amount
$27,000