2019-02-15
The complainant was employed as a chef at the respondent restaurant. She alleged that her acting supervisor sexually harassed her by touching her on the back and shoulders, asking her on dates, telling her ‘you need to build some ass’ and telling her that she looked like a MILF when she wore dark lipstick. The complainant alleged that, after she told management about the conduct and her intention to lodge a complaint with this Commission, she was told not to attend her next shift, management raised concerns about her performance and she was told ‘I would resign if I were you’. She felt she had no option but to resign from her employment.
The complainant’s former supervisor claimed he and the complainant had recently ended a consensual sexual relationship. He claimed that if he touched her in the kitchen, it was only to move past her. While he confirmed that he made some of the alleged comments, he denied others. The restaurant claimed it counselled the complainant’s former supervisor in response to her internal complaint and removed his higher duties. The restaurant claimed it held genuine concerns about the complainant’s performance prior to her internal complaint. The restaurant said these included that the complainant was producing poor quality food, was not wearing a hair net in the kitchen and wore nail polish to work.
The complaint was resolved with an agreement that the restaurant pay the complainant approximately $1,100, equivalent to three weeks’ pay. The restaurant also agreed to hold an all-staff meeting to be attended by the complainant and her former supervisor. The complainant’s former supervisor agreed to say the following at the all-staff meeting: ‘I understand there was a complaint from [the complainant] about workplace issues involving me. I confirm that we were able to resolve the complaint through conciliation. I regret that [the complainant] left the restaurant in the way she did and I wish her all the best for future endeavours.’ The complainant agreed to discontinue complaints she had made in other jurisdictions.
Year
Discrimination type
Sex Discrimination Act
Grounds
Sexual harassment
Victimisation
Areas
Employment
Compensation
Apology - Private
Apology - Public
Amount
Approximately $1,100