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An employer accused of vicarious liability for an employee's sexual harassment has failed to have her claim struck out on the basis that it was prejudiced by the historical nature of her allegations.

The Fire Rescue Victoria operational commander claimed she was exposed to improper sexualised conduct at work between 1998 and 2021, at which point she stopped working and remained on workers' compensation payments.

The employer requested the Victorian Civil and Administrative Tribunal strike out all allegations regarding incidents prior to 2015, arguing her delayed application exposed it to "significant prejudice" in responding to the "more historical parts" of her complaint.

In support of its application it stated: there was "no apparent reason" for the employee not seeking relief earlier; a number of persons named in her claim were unable or unwilling to give evidence; and her "vague and unparticularised" allegations intensified the "competing" versions of events...