2019-01-13
The complainant was employed with the respondent government agency. She alleged that a much older member of senior management groomed her over a period of time in a manner that constituted sexual harassment, including by approaching her at work and work drinks, connecting with her on a social networking site and privately messaging her on that site to tell her she was amazing. She said she became anxious because colleagues began commenting on the senior manager’s behaviour towards her. The complainant claimed she made a number of complaints about this conduct to management, but no action was taken. She said she worked from home in order to avoid the senior manager and eventually left her employment.
The agency advised the senior manager’s conduct was found to breach relevant policies and procedures governing the conduct of public servants. The agency advised the senior manager had resigned before a final decision was made as to whether his employment would be terminated. The agency said the senior manager’s behaviour was unacceptable and outlined the steps it had taken since receiving the complaint to ensure that the workplace was safe, including implementing structural change by ensuring gender equality in senior management and developing a diversity and inclusion plan.
The complaint was resolved with an agreement that the agency pay the complainant $40,000 as general damages. The agency and the senior manager also agreed to write to the complainant expressing regret for the events giving rise to the complaint.
Year
Discrimination type
Sex Discrimination Act
Grounds
Sex
Sexual harassment
Areas
Employment
Compensation
Statement of regret
Action taken against named individuals
Anti-discrimination/EEO policy developed
Amount
$40,000