Sexual harassment results in $10,000 award

The Employment Relations Authority has awarded $10,000 compensation to an employee who was sexually harassed at work (Tailor –v- BOF Limited, trading as Moreton’s Restaurant and Bar AA 468/10 5165386).

The difficulties experienced by the employee were compounded when the employer failed to report back to the victim the results of its investigation into her complaint and the steps taken to prevent a recurrence of the objectionable behaviour and the harassment.

The employee was a female sous-chef in a restaurant who was subjected to inappropriate actions of a sexual nature by a male manager. He stopped them when he was given a warning but then started bullying her. She ended up resigning.

Ms Tailor’s claim of constructive dismissal failed because the ERA did not find that it was reasonably foreseeable that Ms Tailor might resign in February 2009 because of Moretons’ failure to report back to her until 24 January 2009 on the outcome of the mid-December 2008 complaint, when the conduct complained of had stopped straight after her complaint.

However, there was found to have been a breach of duty to take all practicable steps to ensure a safe and healthy work environment for Ms Tailor (by not reporting promptly to her the outcome of her complaint). There was also found to have been sexual harassment of Ms Tailor.

Unfortunately, Ms Tailor suffered significantly as a result of her situation. She is reported as having suffered sleeplessness, avoidance, low mood, tearfulness, loss of appetite, anger, lack of concentration and other physical symptoms. She was prescribed antidepressant and insomnia medication and also accessed counselling and therapy. The clinical psychologist’s view was that Ms Tailor’s presentation and symptomatology could match a diagnosis of an adjustment disorder, acute and with anxiety. This resulted in an award of $10,000.

This scenario is common but is entirely preventable. First, all staff should be trained in the basics of proper behaviour at work, avoiding harassment and bullying. Second, complaints should be promptly and properly investigated; and third, the outcome and proposed steps clearly communicated to the victim.