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Court strikes "Trojan horse" culture allegations from WSH claim

An employee couldn't rely on a generic complaint of "poor workplace culture" to support her s-xual harassment and vicarious liability claims, a court has ruled.

Such a generalised allegation "cannot become a Trojan horse to expand the field of controversy in the proceeding", Justice Christopher Horan said.

In May last year, the former Experian Australia salesperson alleged she had been sexually harassed by three individuals, who were also employed by Experian at various times. Specifically, she complained about five incidents between 2018 and 2021.

The individuals' behaviour breached section 28B of the Sex Discrimination Act (SDA), and the employer was vicariously liable under section 106, she contended in her statement of claim (SOC)...

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