Sexual harassment case studies

Warning: These are real life examples and contain language and content which may offend.

These sexual harassment case summaries are grouped into two categories: court and tribunal decisions, and conciliated outcomes.

Court and tribunal decisions are made after all the evidence is heard, including details of loss and damage. The full text of court and tribunal decisions is available from:

Conciliated outcomes are where the parties have reached an agreement through conciliation at the Queensland Human Rights Commission.

Court and tribunal decisions

Sexual harassment of neighbours

Type of outcome Queensland Civil and Administrative Tribunal Decision
Contravention Sexual harassment
Outcome Upheld
Compensation Respondent ordered not to commit further contraventions of the Anti-Discrimination Act 1991
Year 2022

Summary
Two men who lived in a same-sex relationship complained that a female neighbour had sexually harassed them.

The complaint was substantially about:

  • The neighbour calling out Kill the fags and then loudly playing a gangster rap song containing the words Kill that faggot; and
  • The respondent played the gangster rap song loudly whenever one of the men were in the garden; and
  • On another occasion when the men were on a morning walk, the respondent yelled Go away faggots and you are going to perve in the neighbourhood.

The tribunal found that these events did happen, and then considered whether they constituted sexual harassment.

The tribunal noted that the prohibition on sexual harassment in the Anti-Discrimination Act 1991 (the Act) is not constrained to particular areas and can apply to all facets of life.

The tribunal found that the use of the term faggot in reference to homosexual men would obviously cause offense, and that the comments and deliberate playing of lyrics repeating the term was easily found to be offensive.

The tribunal found that the comments and the music played clearly had a sexual connotation, and that they were made with the intention of offending and humiliating the men. The tribunal said that the term is demeaning in the context of sexuality, and that a reasonable person would anticipate that the conduct would be offensive to the men.

Accordingly, the tribunal considered that the conduct amounts to sexual harassment that is prohibited under the Act.

The men did not particularise, identify, or quantify any damage caused by the sexual harassment, and the tribunal noted that the neighbour had relocated residence, and that the men had committed acts of retaliation.

Due to the great animosity between the parties, the tribunal considered an apology would be insincere and accordingly it was not appropriate to order either a private or public apology.

Fitz-Gibbon & Park v Liu [2022] QCAT 259 (12 July 2022)

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Work withheld because sexual advances rejected

Type of outcome Queensland Industrial Relations Commission decision and
Industrial Court of Queensland (appeal on quantum)
Contravention Sexual harassment; Discrimination
Attribute Sex
Area Work
Outcome Complaint upheld
Compensation $158,702.60
Year 2021

Summary
A woman working in a laundromat was subjected to escalating unwelcome conduct from her boss, and work was withheld from her when she rejected his advances. The woman had a history of experiencing domestic violence and had suffered psychological harm as a result, she had the sole financial responsibility for her children, and subsisted on insecure low paid work. English is her second language and she was significantly younger than her boss. The tribunal said the combination of these factors checked every measure encapsulated under section 120 of the Act (Meaning of relevant circumstances for determining whether a reasonable person would have anticipated the possibility that the other person would be offended, humiliated or intimidated by the conduct).

The sexual harassment included inappropriate touching of the woman’s bottom and legs, forcing the woman to touch the man’s genitals, asking for massages, repeated requests for sex, and explicit text messages. The tribunal referred to the conduct as transactional , as the woman was required to accede or she would not be offered work.

The man claimed that the woman would stick her bottom out when he had to get past her when she was folding laundry, and it was a game between them. He also claimed that the text messages and sexual references were just banter . The tribunal preferred the evidence of the woman.

Eventually the woman reported the behaviour to the police, and the police advised her not to return to the workplace due to fears for her safety. She also lodged a successful claim for workers’ compensation. A criminal matter was commenced in the District Court, however part way through the hearing the prosecution elected not to pursue the matter.

The tribunal found that the conduct constituted both sexual harassment and sex discrimination. However, the tribunal considered the withholding of work was not victimisation within the meaning of section 130 of the Act. The tribunal considered that the man withheld paid work because the woman rejected his advances, and not because he thought she had made, or intended to make, allegations or commence or be involved in proceedings against him.

As to compensation for loss or damage, the tribunal said it involves several considerations:

  • First – A contravention must have occurred.
  • Second – It must be evidenced that the complainant has actually suffered loss or damage.
  • Third – The loss or damage must have been caused by the contravention. A loss that is not sufficiently evidenced as caused by the contravention is not compensable.

The tribunal said that foundationally, damages are awarded as compensation, rather than to punish, and consideration of community standards is relevant to the monetary value attaching to the intangible losses suffered by a complainant.

In assessing general damages, the tribunal considered cases under the Sex Discrimination Act 1984 (Cth), including the decision of the Full Court of the Federal Court in Richardson v Oracle and the decision of the Federal Court in Hill v Hughes (upheld on appeal), as well as the Queensland QCAT decisions in Green v State of Queensland and STU v JKL (Qld) Pty Ltd . The tribunal considered the following steps relevant to answering the question what is an appropriate award of general damages? :

  • First – Determine the loss suffered by the complainant that was caused by the contravention. This may involve medical evidence, but also requires consideration of other factors such as embarrassment or humiliation, as well as the purposes and objects of the Act.
  • Second – It is necessary to bear in mind the prevailing community standards as to the value of intangibles such as enjoyment of life and the right to a safe workplace. This necessarily requires considering decisions that have dealt with comparable circumstances and losses.
  • Finally – It is necessary to establish an award that ameliorates the relevant loss identified in the first step. This is a quintessential exercise of discretion.

In this case there was medical evidence that the woman experienced anxiety, and she felt unsettled and easily agitated. She became short-tempered and her sleep became erratic, and she commenced a course of antidepressant medication. The woman was diagnosed with Adjustment Disorder and Mixed Anxiety and Depressed Moods, arising as a consequence of the workplace sexual harassment.

On appeal against the tribunal’s assessment of the amount of damages, the Industrial Court said the conduct of the man was extremely serious, tormenting the woman over a period of 14 months. The only reason the woman tolerated the lewd and disgusting behaviour was because of her financial position. Every day she worked she knew she would be humiliated and demeaned sexually by the man, and it resulted in a diagnosed disorder causing her to be unable to work.

The Industrial Court set aside the tribunal’s awards for damages, and awarded a total of $130,000 for general and aggravated damages. Loss of income was reassessed to the date of hearing at $28,702.60.

Golding v Sippel and The Laundry Chute Pty Ltd [2021] QIRC 74 (9 March 2021)

Golding v Sippel and The Laundry Chute Pty Ltd [2021] ICQ 14 - appeal (6 August 2021)

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A prank was sexual harassment

Type of outcome Queensland Civil and Administrative Tribunal decision
Contravention Sexual harassment and victimisation
Outcome Complaint upheld
Compensation $156,051
Year 2017

Summary
A cleaner at a school was sexually harassed when two of his co-workers, one male and one female, set up a staff room to appear as though two staff members had used the room for a sex romp. The prank was directed at the cleaner, and the room was set up with empty alcohol bottles, clothes, and a condom containing fluid. The male co-worker invited the cleaner to sniff boxer shorts left in the room. The cleaner was distressed by the scene, including that he thought he was cleaning up bodily fluids. He was also upset and concerned that two named staff members were having an affair and had used the school premises to get together. He was preoccupied with the sex romp to the point that he intended to speak to one of the staff members who he thought was involved. At that time the male co-worker involved in the prank told the cleaner that it had all been a prank. On hearing this, the cleaner fell to his knees.

It was undisputed that the setting up of the room was conduct of a sexual nature. The tribunal found that because the prank was directed at the cleaner, the conduct was in relation to him.

The tribunal found it was also sexual harassment of the cleaner when the male co-worker invited him to sniff the boxer shorts, and when that co-worker informed staff in a nearby shop of the prank.

The tribunal found the cleaner had been victimised after complaining of sexual harassment. The male co-worker had pretended to photograph or video the cleaner when he was at the school, and had gestured with his middle finger to the cleaner's wife and children at the school.

The cleaner suffered an acute anxiety state because of the prank, and within a month he was unable to work. He suffered an adjustment disorder with anxiety and depression, and his psychological condition developed into post-traumatic stress disorder. His condition caused problems sleeping and concentrating, fatigue, rapid heart rate, trembling, obsessive thinking, eating and stomach problems, compulsive behaviours, bouts of crying, depressed mood, and feelings of hopelessness and anxiety. He was unable to work for two years, and was then only able to return to part-time work. The tribunal considered he would be unable to return to full-time work for a further two years.

The tribunal discussed at length how QCAT should assess damages in light of the 2014 decision of the Full Court of the Federal Court in Richardson v Oracle . The tribunal stressed the importance of consistency in awards, particularly as required under the QCAT Act. The tribunal also examined the six cases where Richardson has been cited in other Australian jurisdictions. That examination shows that although there have been some increases in the level of awards, those increases have not been nearly as dramatic as in Richardson itself.

The tribunal concluded that where there is a recognisable personal injury, the tribunal should continue the approach of consistency with Queensland court awards in personal injury cases. However, where there is no recognisable personal injury and therefore no comparable Queensland awards, the tribunal can be influenced by Richardson to increase its level of awards, if it is appropriate to do so.

When considering previous awards, those awards should be adjusted for inflation. Advocates would assist the tribunal in adjusting previous awards for inflation when citing them.

The tribunal also determined that interest on non-financial loss should be awarded unless there is a proper reason for not doing so, though not at a commercial rate.

The tribunal awarded $156,051, made up of:

  • Non-financial loss (pain, suffering, loss of enjoyment of life, and the offence, embarrassment, humiliation and intimidation suffered): $70,000
  • Interest on non-financial loss: $3,160
  • Past loss of income (gross): $17,430
  • Past loss of superannuation: $1,656
  • Future loss of income: $48,338
  • Future loss of superannuation: $5,467
  • Future cost of treatment: 10,000

Green v State of Queensland [2017] QCAT 008 (10 January 2017)

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Severe personal injury from sexual harassment

Type of outcome Queensland Civil and Administrative Tribunal decision
Contravention Sexual harassment
Outcome Complaint upheld
Compensation $328,316.10
Year 2016

Summary
A young woman was sexually harassed when she woke to find an older man naked in her bedroom. He touched her upper thigh and groin, and tried to remover her underpants. She told him to leave and broke down crying.

The woman's employer had arranged for her to share the work-provided accommodation with the man. They each had their own room, and the woman had moved in the night before the sexual harassment.

The woman was unable to take up her new job as planned, and she suffered post-traumatic stress disorder and depressive symptoms. She was unable to work from the incident (which happened on 1 December 2012) until March 2015.

The tribunal found that the personal injury to the woman caused by the sexual assault on her was severe and prolonged.

Issues the tribunal considered and decided included whether the sexual harassment occurred in the course of the man's employment, the credibility of the woman and the extent to which the sexual harassment caused her injuries, and how damages should be assessed.

The tribunal awarded compensation of $328,316.10 made up of:

  • General damages (personal injury): $70,000
  • Interest on general damages: $8,260
  • Past financial loss (gross of income tax, and after deducting worker’s compensation payments received): $16,594.42
  • Interest on past financial loss: $33,575.75
  • Past loss of superannuation: $21,059.06
  • Interest on past loss of superannuation: $4,348.70
  • Future economic loss: $25,000
  • Special damages: $396.40
  • Interest on special damages: $81.77
  • Future medical and associated costs: $3,000

From the total of $328,316.10, the amount paid in settlement of a personal injuries claim was deducted, leaving an award of $313,316.10.

STU v JKL (Qld) Pty Ltd [2016] QCAT 505 (6 December 2016)

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Effects of sustained sexual harassment at work

Type of outcome Queensland Civil and Administrative Tribunal decision
Contravention Sexual harassment
Outcome Complaint upheld
Compensation $102,217
Year 2013

Summary
A female traffic control worker, who was sexually harassed by a male co-worker, made a complaint against the worker as well the private company that employed them and the company that contracted the employer. During the pre-trail proceedings, the claims against both companies were settled. As a preliminary issue, the tribunal decided that the settlements with the companies released them from liability, but the release did not extend to the individual co-worker.

For five months the woman was subjected to personal comments, questions, noises, and gestures — all of a sexual nature — on a daily basis and throughout each shift. When the male co-worker inadvertently saw a picture of the woman's breasts on her phone, for the rest of the day he made comments and sucking noises and rubbed the stop/slow stick on his groin area while sticking out his tongue. The woman tried to work the next day but couldn't cope, and she resigned that night. She experienced an emotional breakdown which became a Major Depressive Disorder.

The tribunal found that the sexual harassment was a substantial cause of the woman's condition, the effects of which would continue over a period of three years, including an inability to work. The tribunal awarded compensation of $40,000 for non-financial damages, and $102,217 overall. The settlement amounts paid by the two companies and any lump sum payment for permanent impairment by WorkCover would be deducted from the total award.

In the reasons for the decision, the tribunal discussed the coping mechanisms and decisions of women subjected to unwanted sexual comments in male-dominated workplaces. While the ideal course would be for the woman to make it clear that the comments are unwanted, and then if they continue, to complain to management, the tribunal recognised that this is not always practical, especially if the employer is unlikely to be supportive, and if making unsubstantiated allegations is regarded as a disciplinary matter. In this case, the woman's way of dealing with it was to go along with the banter to some extent, and hide her true feelings in the belief she could cope with the harassment. She was committed to her job and did not want to jeopardise it by reporting the sexual harassment. In the end, the woman could not cope and this resulted in greater damage to her.

Nunan v Aaction Traffic Services Pty Ltd [2013] QCAT 565 (14 October 2013).

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Employer responsibility to provide harassment-free workplace

Type of outcome Queensland Anti-Discrimination Tribunal decision
Contravention Sexual harassment
Outcome Complaint upheld
Compensation $24,425
Year 2009

Summary
A complaint of sexual harassment by a part-time worker in a hardware business was upheld when the tribunal found that the employer had failed to take sufficient action in relation to the employee's report of inappropriate behaviour.

The alleged sexual harassment included kissing, touching her breasts and leg, persistent requests to have a drink outside work hours despite an ongoing refusal, asking for cuddles, telephoning her at home, and making repeated unsolicited sexual remarks.

The complainant reported the sexual harassment to her supervisor, but initially asked to be allowed to handle it herself. The supervisor granted her request and did not take any action until the formal complaint was made.

The tribunal found that, even in these circumstances, the employer was vicariously liable for the acts of its employees. It found the employer has an overriding responsibility to provide a workplace free from harassment, and that the wishes of complainants are secondary to this responsibility. Allegations of sexual harassment against another employee and claims of victimisation were dismissed.

The complainant was awarded damages of $24,425 which included general damages and economic loss.

KW v BG Limited, DP & DF [2009] QADT 7 (21 April 2009)

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Sexual harassment case not made out

Type of outcome Queensland Anti-Discrimination Tribunal decision
Contravention Sexual harassment
Outcome Complaint dismissed
Compensation Not applicable
Year 2002

Summary
Background: Ms Shepherd was a 23 year old woman employed by Mr Tuck, who owned and managed a marine survey business. After two months, Ms Shepherd's employment was terminated on the basis, she alleged, that she would not engage in a personal relationship with him.

She based her complaint on a series of incidents alleged to be sexual harassment. These included: statements of a sexual nature to and about her: blonde jokes (apparently inferring that she was not intelligent), taking a photograph of another woman's legs and suggesting it be stuck on Ms Shepherd's office desk, gifts and a suggestion of shared accommodation while travelling in order to minimise costs.

Mr Tuck admitted he was attracted to Ms Shepherd, but said it was she who made advances to him and that she proposed a relationship. He countered the allegations with other claims. These included Ms Shepherd introducing herself by kissing him on the neck, not voicing any objection to shared accommodation, referring to herself as a slut, and dressing scantily in his presence.

Mr Tuck argued that Ms Shepherd's employment was terminated because of her inappropriate conduct while representing the company, her lack of capacity to do the tasks, and inadequate workplace performance. Examples included giving out company business cards to males in whom she was interested, making a serious error in a ship's manual and instead of correcting it as asked, going to have a drink with the ship's cook, refusing to do field work, putting personal matters before business appointments, and driving the company car after drinking alcohol. On the issue of jokes, Mr Tuck said Ms Shepherd joined in the general joke-telling and humour of the office.

Outcome: Member Pagani found that neither party was deliberately untruthful , and agreed in general on the facts. She found the main divergence was that Mr Tuck indicated he never intended offence, and Ms Shepherd said she was offended.

In terms of Mr Tuck's desire to have a relationship with Ms Shepherd, it was found that no reasonable person in her circumstances would have been offended by the proposal, had it been made by the first respondent as alleged.

In summing up, the Member said Ms Shepherd and Mr Tuck had shared a very casual, and personal, working relationship. The working environment was rough and tumble , but the complainant was an equal participant in it . The Member found that Ms Shepherd failed to prove her case to the required standard.

Shepherd v Tuck and Tuki Marine Surveys Pty Ltd [2002] QADT 10 (19 April 2002).

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Conciliated outcomes

Man sexually harassed in administrative role

Type of outcome Conciliation
Contravention Sexual harassment
Outcome Financial compensation
Confidentiality clause
Compensation $70,000
Year 2020–2021

Summary
The complainant began employment in an administrative role. He alleged that in the interview comments were made including we’ve never had a male receptionist before and that it would be very unusual . After commencing work, inappropriate comments were made including My husband is jealous you are working here because you're male and I’m too old for you. He alleges that on the second day of work the individual respondent showed him a sexually explicit video on her mobile phone and when he tried to turn away from it she moved the phone in front of his face. Later that day and over the following weeks of his employment he received numerous sexualised images on his phone from the individual respondent, was subjected to comments about his body, and asked to choose a stripper for the individual respondent’s husband’s birthday party. He was also asked to attend a work function where the individual respondent hugged him and wrapped her leg around his leg. He was invited to numerous other functions outside work hours which he declined. After he complained of sexual harassment to his employer and then took sick leave for stress and anxiety, his employment was terminated.

The respondents denied sexual harassment had occurred and alleged the complainant was involved in the ongoing jokes and banter.

The complaint resolved by payment of $70,000 compensation and a confidentiality clause.

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Sexual harassment at work drinks including rape and alleged victimisation

Type of outcome Conciliation
Contravention Sexual harassment
Outcome Compensation
Compensation $135,000
Year 2019–2020

Summary
The complainant had been employed as an office administrator with the respondent company for 6 weeks when the allegations in her complaint arose.

The complainant was part of a service delivery team, one of a number of teams under the purview of the individual respondent who held a senior position in the company. The complaint alleged that during one of their monthly after work drinks, the individual respondent subjected her to multiple, escalating unsolicited acts of physical intimacy including rape.

The complainant contacted her fiancée and brother immediately and with their support she contacted the police. The complainant had a rape kit performed and provided an official statement the following day.

The complaint included allegations that she was victimised by her employer including by directing her to attend a hotel room to provide a verbal statement of the allegations, after she had already provided them with her police statement and informed her employer that this would cause further trauma for her.

The complaint alleged the incident had caused an ongoing psychological injury at the time of the conference, and that she had not been able to return to work. The complaint settled for $135,000 damages.

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Workplace prank not funny

Type of outcome Conciliation
Contravention Sexual harassment
Outcome Compensation
Written apologies
Compensation $50,000
Year 2019–2020

Summary
The complainant was a 15-year-old boy working at a retail butchery. As an intended prank, the two supervising butchers took the complainants mobile phone and took a photo of one of the supervisor’s genitals and asked the complainant to check their phone.

The respondents admitted to the allegations, stating that it was a joke and that they believed the complainant was not affected because his response was jovial.

The complainant attended the conference represented by an advocate and he explained the significant impact the events had caused. An agreement was reached for written apologies from the two supervisors and $50,000 as general damages.

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Female employee receives hundreds of sexual texts from supervisor

Type of outcome Conciliation
Contravention Sexual harassment
Outcome Financial compensation
Statement of service
Agreement about cessation of employment
Confidentiality agreement
Compensation $181,666.31
Year 2018–2019

Summary
Soon after commencing work, the female employee received text messages and phone calls on a regular and increasing basis from one of her supervisor. After a few months the intensity of texts and calls increased including the context of the messages. The message repeatedly stated that the colleague loved the female worker, and made unwanted expressions of his feelings and emotions, advances and excessive compliments about her appearance. The messages referred to her as sweetie , sweetheart and darl . He sent her a picture of a bra and said I walked past a lingerie shop tonight and saw this massive bra and thought of you. You're the only girl I know that could fill it. A further message included an image of the female employee’s work ID and said I'm smelling your ID and it smells lovely. I think I'll take it home with me for the night. Don't worry, I'll wash it before I hand it back tomorrow. Further, I have absolutely no interest in being intimate with anyone but you.

She alleged that after reporting the sexual harassment to her workplace, she was victimised by being told to avoid the workplace whilst the supervisor was promoted.

At conciliation conference, the supervisor stated that he believed their friendship was at a point that he could say the things he had said. The workplace denied any wrong doing following the employee’s reporting of the sexual harassment.

An agreement was reached at conciliation that the complainant agreed to resign, was paid $13,333 payment in lieu of notice, $93,333.31 compensation for future economic loss, $75,000 general damages, statement of service was provided for the employee together with agreed communications about the cessation of her employment, and a confidentiality agreement including destruction of documents relating to the complaint.

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Ongoing sexist and sexual comments in workplace ignored

Type of outcome Conciliation
Contravention Sexual harassment and sex discrimination
Outcome Financial compensation
Anti-discrimination training
Compensation Undisclosed amount
Year 2017–2018

Summary
The complainant worked in a male-dominated workplace. On numerous occasions, the respondent whispered comments to the complainant about a new female employee’s appearance including: Why does she wear those tight pants, what does she want? The respondent also commented about another new female appointment, I don’t have a problem with women…but they can’t work in the (redacted) industry because, you know, they have families and they have to give that priority, that’s what they do right? He also made comments about ironing being a woman’s job, and said the complainant was less of a pussy than that other pussy referring to another female.

When the complainant complained about the ongoing behaviour, she was told We have to accept some of this behaviour, given the industry and type of people we work with. The complainant resigned when her complaints were not addressed.

The respondent answered the complaint by saying the allegations had been investigated and not substantiated, however the complainant had not been interviewed during this investigation. The respondent also argued that the complainant had resigned due to not getting on with female colleagues, and not because of the behaviour she was alleging.

The complaint was resolved by payment of financial compensation to the complainant, and the individual respondent to complete anti-discrimination training.

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Sexual harassment of labour hire worker

Type of outcome Conciliation
Contravention Sexual harassment
Outcome Financial compensation
Written apology
Anti-discrimination training 
Compensation Undisclosed amount
Year 2017–2018

Summary
The complainant commenced work for a local council in the parks and gardens section as a labour hire worker. She alleged that on her first day the individual respondent, who worked with her, was: bragging about his sexual conquests ; asked the complainant to go out with him; told her she should feed, f**k, and leave ; and spoke in derogatory sexual terms about other female employees, including his sexual relations with them. He also grabbed the complainant’s shoulders when she told him to stop touching her, told the complainant and another worker to look at porn on his phone, and finally, that he ran around in a public park ranting that the complainant had accused him of raping her.

After this final incident, the complainant complained to the employment agency that had engaged her, and the agency brought the matter to the attention of the local council employer. She was then told by two supervisors that she had to make amends to the individual respondent, sit with him at lunch if he requested it, and to shake his hand and sort it out.

At conciliation, the individual respondent denied all the allegations. The supervisors that were named said that they didn’t know what else to do.

The complaint was resolved by the council respondent agreeing to pay financial compensation to the complainant, provide her with a written apology from the local council, and to arrange training in anti-discrimination for specific council employees. The complainant did not settle with the individual respondent allegedly responsible for the multiple acts of sexual harassment, choosing to consider referral to the Tribunal of the allegations against him.

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Racist comments and sexual harassment leads to resignation

Type of outcome Conciliation
Contravention Sexual harassment and race discrimination
Outcome Financial compensation
Written apology and statement of regret
Anti-discrimination training 
Year 2017–2018

Summary
The complainant, who was of North African descent, alleged that he was subject to racist remarks from co-workers and later his supervisor. This included: calling him offensive names, such as frog , Borat , and boat person ; asking if he had spent time in a detention centre; and mimicking the complainant’s accent. Also, the complainant claimed that his direct supervisor commented negatively about his religious customs.

The complainant also alleged he had been subjected to sexual harassment, including making jokes about performing oral sex on his supervisor and customers to finalise sales. The complainant eventually resigned from his position after his complaints did not resolve the issues.

At conciliation, the supervisor refuted the allegations raised against him, and said that his working relationship with the complainant had initially been a positive one in which they enjoyed working together, but that the complainant had performance issues. The representative from the organisation expressed his shock at the complaint and his disbelief that there was a poor workplace culture within his organisation, and agreed to remedies to support staff.

The parties agreed on the following settlement during conciliation:

  • a written apology by the corporate respondent
  • a written statement of regret by the individual respondent
  • financial compensation
  • training for 250 staff on the Anti-Discrimination Act, and the internal and external complaint mechanisms available to all staff.

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Sexual comments and requests at work

Type of outcome Conciliation
Contravention Sexual harassment
Outcome Financial compensation
Training
Waiver of debt said to be owed to the respondent 
Year 2016–2017

Summary
The complainant alleged her employer (the respondent) made sexual comments relating to placing items in the complainant's mouth, called her sexy legs , repeatedly asked her to be his wife and hold his hand, repeatedly pressured her to attend lunches with him, massaged her shoulders and watched her as she walked.

The respondent denied he had done any of this. At conciliation, an agreement was reached that the respondent pay financial compensation to the complainant, that the respondent receive training about sexual harassment, and a waiver of a debt that the respondent had claimed was owed to him by the complainant.

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Sex discrimination and sexual harassment on farm

Type of outcome Conciliation
Contravention Sexual harassment
Outcome Written apology
Anti-discrimination training
Financial compensation
Year 2016–2017

Summary
The complainant, who was female, worked on a farm where the majority of employees were male. She was undertaking a training program alongside a male trainee and other male workers, and she had a male supervisor. Despite her previous experience using machinery, the supervisor would ask the male trainees to use the machinery and not ask her. She was given strict instructions that the male trainees were not given, and when she asked to gain experience using different equipment, her request was denied and instead it was offered to male workers. She was not offered shift work while male trainees and a worker with less experience than her were offered shift work. Her supervisor referred to her as a pair of tits when she refused his offer of help.

The parties reached an agreement prior to conference, including that the respondent provide the complainant with a written apology, the respondents undergo anti-discrimination training, and the respondents pay financial compensation to the complainant.

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Sexual harassment in work

Type of outcome Conciliation
Contravention Sexual harassment
Outcome Compensation
Written apology
Compensation $15,000
Year Not available

Summary
A woman alleged a manager sexually harassed her when working for a club over a period of several years. The allegations included touching her breasts, leering, and that comments of a sexual nature were made about her body. She stated she had complained to management several times and that the complaints were ignored. She also alleged that as a woman she had been denied promotions offered to less experienced males at the club. As a result, she resigned.

The manager and the employer denied the allegations, stating her attitude at work had deteriorated during her employment. The matter was resolved by conciliation with the employer and the manager paying $15,000 to the complainant. The respondents also provided written apologies for any offence the complainant may have experienced.

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Sexual harassment

Type of outcome Conciliation
Contravention Sexual harassment
Outcome Complaint withdrawn against individual respondent
Grievance and investigation procedures reviewed
Workplace anti-discrimination training
Compensation Nil
Year Not available

Summary
A man alleged sexual harassment against a male supervisor and his employer, a government authority. It was also alleged that in the course of attempting to resolve the complaint the complainant experienced difficulties accessing the grievance mechanisms within the organisation.

At a conciliation conference, the allegations were discussed and misunderstandings were identified, resulting in the complainant withdrawing his complaint against his supervisor.

The complainant was able to detail his experience to the respondents and an agreement was reached which included the employer reviewing the grievance and investigation procedures to include quick reference summaries and flow charts to assist access and implementation of the mechanisms. It was also agreed by the employer to increase training and awareness of appropriate work place behaviour, including detailed anti-discrimination and sexual harassment grievance mechanisms.

There was no financial settlement sought.

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Sexual harassment

Type of outcome Conciliation
Contravention Sexual harassment
Outcome Warnings issued to individual respondents
Workplace anti-discrimination training
Zero tolerance of sexual harassment
Apologies by individual respondents
Compensation Nil
Year Not available

Summary
A man alleged that he had been sexually harassed at his place of work. He claimed one of his co-workers had exposed his anus to him, had run a piece of timber with splinters up between his legs to his groin, and had run his finger down between his buttocks. When he objected, his co-workers began calling him obscene names regularly. The man said he had witnessed many male youths being subjected to the same treatment at the work place, with most of the young men resigning, and with one young man having attempted suicide. When he advised his foreman of this behaviour, he was told to ignore the men's actions. He claimed management had witnessed the behaviour, but had done nothing to rectify the problem.

At the conference, the individual respondents admitted to the behaviour but asserted that the actions had occurred only as a joke in an attempt to lighten the work environment. The senior managers stated that they were unaware of the behaviour, as the foremen had not notified them at any time of adverse behaviour occurring. The company did admit that they had difficulties in getting young males to remain employed with them; however, they believed this may have been because young people didn't want to work .

On hearing the admissions made, the company issued a first and final warning to the individual respondents, gave an undertaking that all staff would be trained in sexual harassment and discrimination matters, and that such behaviour would not in the future be tolerated by any staff. The complaint was resolved as the complainant was satisfied with the company's undertaking and the individual men's apologies.

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Sexual harassment in education

Type of outcome Conciliation
Contravention Sexual harassment
Outcome Compensation
Written apology
Compensation $60,000
Year Not available

Summary
A woman lodged a complaint with the Commission alleging sexual harassment by her boss, who was also her academic mentor. The woman alleged that the sexual harassment occurred over a period of two years. The alleged harasser was in a position of authority over her in that she was his student and he was her boss. She claimed that towards the end of the sexual harassment he stalked her by following her and waiting outside her house.

The respondents denied the allegations stating that the relationship was mutual and that there was no sexual harassment.

In conciliation the matter settled for the payment of $60,000 for pain and suffering, and the individual respondent provided a written apology. One of the two respondents settled the matter with the payment of $5,000. Both parties were extremely pleased with the resolution of the matter.

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