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Unwillingly "s-xualised" employee had no choice but to resign: full bench

An employer took a "narrow view" of the reasons why an employee resigned after she unwillingly appeared in a s-xualised workplace safety poster, a Fair Work Commission full bench has found.

This case, which has a long litigation history, involved a Sydney Water customer liaison officer who in 2016 appeared in a 'SafeSpine' marketing poster in three Sydney Water location. The poster pictured her smiling with her right arm outstretched above her head and included the words, 'Feel great – lubricate!'.

After complaining to Sydney Water about the poster, the employee went on leave and remained absent until she resigned in December 2020.

During this time, the NSW Civil and Administrative Tribunal upheld the employee's claim that the poster amounted to sexual harassment, and later rejected the employer's appeal...

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