The Anti-Discrimination Tribunal of Tasmania recently considered a complaint by Laura Connors, who sued her former employer, David Richardson, over a string of sexual harassment incidents.
Ms Connors, who was only 15 years old at the time, worked at a local fast-food restaurant where her boss repeatedly touched, pinched and squeezed her bottom as she worked in the kitchen. Despite his protests that any "brushing" or touching was due to the confined nature of the kitchen area, the Tribunal found that he had deliberately sexually harassed Ms Connors and enjoyed using the opportunities to touch her.
The outcome of the case was that Mr. Richardson was ordered to pay Ms Connors $12,000 in compensation.
The lessons of the case are manifold. Firstly, employers need to be vigilant about such behaviour in the workplace. In Mr Richardson's case, he was responsible for his own conduct, but employers may also incur vicarious liability for the acts of their employees undertaken in the course of their employment. Secondly, whilst employers are required by law to take out workers' compensation insurance against the cost of injury in the workplace (such as psychological distress to the victim arising out of conduct of this nature), financial liability arising out of this type of predatory behaviour can be a direct and uninsured cost to an employer. So, employers have a direct financial, as well as moral, interest in preventing such behaviour. Lastly, even if an employer successfully defends such a claim, it is unlikely to recover its costs.
The case itself can be found at: http://www.magistratescourt.tas.gov.au/decisions/anti-discrimination_decisions/c/connors_and_connors_-v-_richardson_and_praties_2011_TASADT_05
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