Employment

Review of policies

Training for managers

$5,000

A woman complained about a number of incidents of sex discrimination and sexual harassment by customers (including indecent exposure) and co-workers in the course of her employment. The woman alleged that her complaints to management resulted in no action being taken, either in relation to the customers or the co-workers. She also alleged victimisation because of her complaints in the form of bullying and general harassment.

At conciliation the employer agreed to pay $5,000 in compensation, review its policies for handling workplace grievances, and train its managers on the revised policies.

Employment

Acknowledgement of distress

Harassment and Bullying training

A young woman complained that her manager rubbed her buttocks while she was working at the reception desk, and had rubbed her arm several times leading up to this. She was so distressed that she left the workplace and did not wish to return. The manager denied that he touched her buttocks, instead maintaining that he ushered the woman aside to serve a customer during a busy period.

With the agreement of both parties the matter was conciliated and at the woman’s request, a shuttle process was conducted. During this process parties remain in separate rooms whilst the conciliator facilitates resolution by going back and forth between the parties. The matter was successfully conciliated with the manager acknowledging the complainant’s distress when he unintentionally touched her, and agreeing to attend ‘Harassment and Bullying’ training.

Employment

Complainant provided with a reference

Personal apology

Statement of regret read at a staff meeting and to all managers

$10,000

A woman alleged that her manager made comments about her breasts and bottom while at work and made inappropriate comments about what they could do on a couch in his office. She also alleged that the manager referred to her as an “exotic girl” and asked if she did exotic things with her partner. She stated that despite making a complaint to her employer about this conduct, the company made her continue to work with this manager. The woman also believed that she was victimised as her position was made redundant subsequent to her making an internal complaint of sexual harassment. The employer denied that they victimised her and submitted information to show that there were a number of redundancies when the business was downsized. She eventually left her employment.

A conciliation, the former employer agreed to: pay the woman $10,000 in compensation; provide her with a reference; a personal apology; and that a statement of regret would be read at a staff meeting and to all Managers.

Employment

Compensation

Anit-discrimination and harassment policies and training

$2,500

A man alleged sexual harassment and discrimination based on his sexuality, claiming that his manager and co-workers made repeated sexual jokes and remarks about him, including about his sexuality. While he initially went along with the jokes and comments, after a period of time he asked his manager to stop. When the jokes and comments did not stop, the man resigned. At conciliation the respondent agreed to pay $2500 in compensation and to implement training and policies in the workplace around discrimination and harassment.

Employment

Compensation

$2,800 for lost wages

$12,000 for hurt and humiliation and distress in the settlement of the complaint

A woman working in the hospitality industry claimed that she was subject to repeated unwanted sexual comments and touching in the workplace over a number of months by various staff, including the manager. The woman stated that she tried to complain about the behaviour, but felt that she could no longer work at the venue, and so resigned. The employer agreed to pay $2,800 for lost wages, and $12,200 for hurt, humiliation and distress in settlement of the complaint. This outcome was achieved through negotiation facilitated by the Commission, without a face-to-face meeting between the parties

Employment

Compensation

Agreement to have no contact

$9000

A woman alleged sexual harassment when her co-worker made repeated and continual romantic advances to her after she had informed him that his feelings towards her would not be returned by her in any way.

With the agreement of both parties the matter was conciliated and at the woman’s request, a shuttle process was conducted. During this process parties remained in separate rooms while the conciliator facilitated resolution by going back and forth between the parties. The matter was successfully conciliated with the respondent agreeing to pay $9000 in compensation