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2024-06-04

The complainant alleged that a manager sexually harassed her by having unconsensual sex with her after a work Christmas party at his home when she was intoxicated and unconscious. The complainant was no longer employed with the company at the time the complaint was lodged.

The company claimed it could not be held liable for any alleged sexual harassment. The company said it had communicated with staff concerning conduct expectations prior to the party, food had been served at the event and the alleged sexual harassment occurred after the party ended and at a different location.

The complaint was resolved with an agreement that the company pay the complainant $55,000, review relevant policies and offer the complainant an opportunity to comment, commission appropriately qualified external trainers to deliver workplace behaviour training to managers, and commission trauma-informed training on sexual harassment for human resources staff.

Year

Discrimination type
Sex Discrimination Act

Grounds
Sex
Sexual harassment
Victimisation

Areas
Employment

Outcome details
  • Compensation
  • Anti-discrimination/EEO policy reviewed/revised
  • Anti discrimination/EEO training introduced
  • Anti-discrimination/EEO training reviewed/revised

Amount
$55,000