Are you looking for a dynamic firm of Brisbane lawyers to provide employment law advice on industrial relations matters such as unfair dismissal?
The two cases outlined below demonstrates how the action taken by an employer to a complaint lodged by an employee will make a difference.
CASE 1: Howard v Geradin Pty Ltd t/as Howard Securities
In this case the employer was successful against a claim lodged by an employee that the company was liable for the action of one of its male employees. It was successful because it had taken reasonable preventative steps to prevent sexual harassment in the workplace.
- The claim involved a female employee who brought a claim against a fellow male employee and the company. The claim against the male employee was dismissed but she proceeded against the company.
- It was alleged that the female employee was subject to receiving text messages, pictures, notes and comments of a sexual nature. The note was reported to her manager and the incident was investigated.
- Company denied it was responsible for the action of the male employee because it had taken action to prevent sexual harassment in the workplace through its sexual harassment policy. All employees were required to sign the policy, which the company implemented.
- Employees were given feedback concerning issues regarding sexual harassment and discussed at staff meetings.
HELD: The company had taken reasonable precautions to prevent the action of the male employee and the complaint was dismissed.
It was noted that although it would have been preferable for the company to hold formal or regular meetings, rather than on an informal basis, the actions the company took were reasonable which satisfied the test.
(Decision of Victorian rural and administrative tribunal - August 2004)
CASE 2: Hughs v car Buyers Pty Ltd and Ors
- A female employee brought a claim of sexual harassment against the company and its male director.
- The company made no written response in relation to the complaint nor did they appear at the hearing.
- Matter was undefended and it was found that the male director's behaviour constituted unwelcome conduct of a sexual nature.
- Further held that by not providing a response the company and its director treated the complaint with contempt which warranted an order of aggravated damages
- The company's director's failure had prolonged proceedings and added to employee's mental distress.
- The company and its director were ordered to pay monetary compensation, legal costs and ordered to apologise to the employee in writing.
(Federal magistrates decision August 2004)
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