2019-02-13
The complainant worked for the respondent television production company as a crew member. She alleged a colleague sexually harassed her, including by making comments about her appearance and slapping her on her buttocks. She also alleged two other colleagues observed the conduct and one said 'nah, she wants it hey', to which the other said ' yeah mate she does' in relation to inferred sexual acts.
The television production company said it terminated the complainant’s colleague’s employment following an internal investigation which found he had sexually harassed her. The company noted the complainant’s colleague was stood down with pay during the investigation and both were offered counselling support. The company claimed it only became aware of the complainant’s allegations against the two bystanders as a result of her complaint to the Commission and was unable to substantiate her allegations. The company claimed it took reasonable steps to prevent sexual harassment in the workplace, including putting in place relevant policies and procedures and conducting regular training.
The complaint was resolved with an agreement that the television production company pay the complainant $47,500 as general damages, provide her with a statement of service and provide her with a point of contact for prospective employers. The company also agreed to deliver training on sexual harassment to all staff. The complainant’s former colleague agreed to pay the complainant $10,000 as general damages and to write to her apologising for the conduct complained about. One of the bystanders also agreed to write to the complainant apologising for the incident.
Year
Discrimination type
Sex Discrimination Act
Grounds
Sexual harassment
Areas
Employment
Apology
Compensation
Anti-discrimination/EEO policy reviewed/revised
Statement of service
Anti-discrimination/EEO training reviewed/revised
Amount
$57,500