Log in or become a subscriber

This content requires a basic HR Daily subscription. Log in below or sign up for free.

Employer loses appeal against accused harasser's reinstatement

The Fair Work Commission has upheld findings that an employee accused of s-xually harassing a female worker was unfairly sacked and should be reinstated.

In January last year, the female worker claimed the Qantas aviation safety training instructor made eye contact with her for about 10 seconds before gazing at her chest for 10–20 seconds during his first-aid class.

An investigation found the employee's actions were unwelcome and constituted sexual harassment, and he was sacked. But in unfair dismissal proceedings before Commissioner Donna McKenna, he said he merely glanced at the complainant's chest when talking about conducting a breathing check, and met her eyes when discussing how to determine if a person was responsive.

The employee conceded he had chosen the complainant as a demonstration subject instead of asking for a volunteer and admitted that in hindsight, he should have asked for permission first...

Log in or become a subscriber
Subscriber login

Having trouble using your subscription? Contact us for help or check our FAQ page here for answers to commonly asked questions.

Haven't seen HR Daily before?

Sign up now for your free HR Daily newsletter subscription.

Join here to stay informed

Written specifically for human resources practitioners, our articles will keep you informed about all the important HR news, thought leadership and trends. You'll receive:

Access to all our free editorial Four-plus new articles each week Excerpts from our compliance and best-practice webcasts Event invitations And much more