ERA says employee constructively dismissed after suffering sexual harassment
A teenager who was employed in a takeaway business has won $20,000 after she was sexually harassed by her own boss.
The teenager, who was 14 at the time of her employment in 2022, worked as a food assistant at her family's "favourite takeaway business."
She told the Employment Relations Authority (ERA) that the first few months working there went well, and that she had a "friendly" relationship with her boss. A few months after her employment, however, she said her boss started talking to her inappropriately in a sexual manner when they were alone.
According to the teenager, her boss would call her "hot," "beautiful," and "attractive," as well as asked if she had sent "nudes" before. She also claimed that her boss asked her if she had a boyfriend, if she was having or had sex, and "what age a man would be too old for her to date."
Her boss would also discuss her sex life, according to the teenager, and would ask her for relationship advice.
The teenager told the ERA that she became "anxious and nervous" working with his boss, especially when alone, to the point that she would call in sick on a few occasions as a result.
She resigned about six months after getting hired because of the sexual harassment she's experiencing, she told the authority, claiming that her resignation was "constructive dismissal" because she was subjected to sexual harassment.
Allegations of harassment
At the authority, another former employee who had similar experience with the teenager also gave evidence about their boss' behaviour. This employee, who was 16 when she was hired in 2021, alleged that the boss became inappropriate several months after she got employed.
She provided the authority with some screenshots of the notes she took on her phone at the time the inappropriate comments were made. Among them include the boss also calling her "baby," "hot," "babe," and "honey." There was also an incident where he told her she looked like Mia Khalifa when she wore glasses.
She further alleged that the boss would turn every conversation into something sexual, including the food that they're cooking, and that he also talked to her about his relationship and sex life with his girlfriend.
The boss denied the accusations that he talked inappropriately with his employees, even providing an audio recording of a conversation with a staff member to show that he is professional and supportive.
He also provided the ERA with several text messages to show that he was not inappropriate at work, arguing that both of his former staff were not telling the truth.
ERA decision
But the ERA ruled in favour of the employees in the case - noting their similar experiences and how they both did not embellish their evidence. The ERA also described the 14-year-old food assistant as a "straightforward witness" who readily accepted matters not necessarily helpful to her claim.
"I am satisfied that [the employee] was subjected to behaviour that was unwelcome and offensive to her and it had a detrimental effect on her employment, performance of her role, and job satisfaction," the ERA ruled.
"That there was sexual harassment by [the boss] of [the employee] in her employment is established."
As a result of this, the ERA also ruled that the food assistant was constructively dismissed.
"The resignation was caused by the sexual harassment of [the employee]. The sexual harassment was a serious breach of duty that made the workplace unsafe for [the employee] who became anxious and uncomfortable," the ERA ruled.
"It was foreseeable in the circumstances that [the employee] would resign to protect herself from further sexual harassment."
The ERA then ruled the employer to pay his former employee a "global remedy" worth $20,000.
"I conclude it is appropriate to make a global award of compensation because the sexual harassment inextricably linked to each personal grievances established," the authority said.
