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Taking sexual harassment complaints seriously |
An employee has been awarded damages of over $25,000 for sexual harassment, by the Federal Magistrates court, in the decision of Hughes v Car Buyers Pty Ltd & Ors in August 2004. |
The employee, working as a personal assistant, had only been at the company for a fortnight and complained of the conduct of the director that included continually touching her and making sexually related comments. |
The Federal Magistrates Court found that the employee was the victim of sexual harassment and the employer was vicariously liable for the inappropriate behaviour. Aggravated damages were awarded because the respondents' refusal to take the complaint seriously. |
The Magistrate awarded the employee $5,000 in aggravated damages ruling that the director and the company had treated the complainant with contempt by not responding to her complaint or appearing at the hearing. In addition, she was awarded $7,250 in general damages (for pain, hurt and humiliation) and $12,373 in special damages (for loss of income). The company and the director were also ordered to apologise to the employee in writing and pay her legal costs. |
Treat all complaints of sexual harassment seriously, particularly a complaint made to a Tribunal. Failing to do so could lead the Tribunal to then form the conclusion that the employer has treated both the complainant and the complaint process with contempt and award further compensation and damages. |
peter.mcnamara@cml.com.au
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