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Employer fails to prove it could do "nothing" to stop harassment

After claiming there was "nothing it could have done" to prevent a manager from s-xually harassing a younger colleague, an employer has been found vicariously liable for his behaviour.

The employer was on notice that the manager had breached its sexual harassment policies in the past, yet it failed to address the "heightened risk" of having him in the workplace, Queensland Industrial Relations Commissioner Jacqueline Power found.

The case involved a games dealer at The Star, who claimed the gaming area manager sexually harassed her between September 2020 and March 2021, both while at work and at a colleague's after-hours birthday party.

As HR Daily reported in more detail here, Industrial Commissioner Power rejected the manager's denial of the allegations and found he breached section 118 of the State's Anti-Discrimination (AD) Act...

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