Publicist Claims Harassment by Employer David Jones

When 25-year-old Kristy Fraser stood in front of a pack of media in august this year, she could well have been doing her job as a publicist for department store David Jones. Instead, she was announcing that she would be suing her former employer for $37 million, after alleging former CEO Mark Mclines sexually harassed her at work.

She claimed he put his hands under her clothes, touched her bra and asked her to go back to his Bondi apartment with him.

“I’m a young woman standing here today … because I said this wasn’t ok,” she said “I just want to be treated with respect.”

At the time of going to the press the case had not yet gone to court. However, regardless of the outcome, the fact that Fraser-Kirk has gone public about McInnes’ alleged behaviour is unusual.

Harassment Complaints Data

Only 16 percent of woman who are sexually harassed at work take any action, says sex discrimination commissioner Elizabeth Broderick. This is down from 32 percent in 2003- but this doesn’t mean it now happens less, says Gary Pinchen, of industrial and discrimination workplace representatives, A Whole New Approach (AWNA). “We think sexual harassment is simply being reported less because women are worried about what it could mean for their future careers,” he says. “Victims worry that making a fuss could lose them their jobs. Although this is illegal, unfortunately, it does still happen.”

Hazel’s Complaint About the Behaviour of Her Boss

For Hazel, 29, the fear of losing her job stopped her complaining about her boss’ behaviour. “I worked in a photography studio.” She says. “My boss started to make suggestive comments about how good I’d look in front of the camera, especially if I wasn’t wearing much.  The first time it happened I just laughed it off. But he kept mentioning it. Then he started coming up behind me and whispering in my ear how sexy I looked. Id move away, but it didn’t stop him. I was scared to say anything as it was a good job and everyone thought I was lucky to be working there.”

When she started to avoid going to her work, her mum asked her what was wrong.  “I told her what has been happening and she made me resign immediately,” she says. “I was lucky enough she helped me out financially, otherwise I don’t know what I would have done. I’ve never told anyone else in the company why I handed in my notice.”

Why Some Women Are Hesitant To So Speak Out

Many women can shy away from reporting sexual harassment for the simple reason they’re unsure of what constitutes inappropriate behaviour. “If something makes you feel uncomfortable then it shouldn’t be happening,” says a spokesperson for ReachOut.Com. “In many cases sexual harassment starts subtly,” adds Pinchen. “He might compliment your outfit or put a hand on your shoulder. Although these small but intimate gestures might make you feel uncomfortable, many woman don’t want to complain about something that can potentially be perceived as innocuous.”

Tara’s Incident With Male Colleague

Tara* was working as a housekeeping team leader when a male colleague first approached her. “he put his arms round me and called me sweetie’,” she says. “I felt uncomfortable but I wasn’t sure if I should say anything. It seemed like nothing.”  Some weeks later, his intentions intensified. “He’d rub my arms, brush up against my back and tell me i am gorgeous. The third time it happened i said: ‘don’t do that.’ But it didn’t make a difference.”

She complained to her female supervisor. “she told me to get over it,” she says. “the ma wasn’t Australian so she said his actions were just part of his culture and i shouldn’t make a fuss. I was upset that another woman wouldn’t back me up.” After taking her complaint to a senior manager she was sacked and given no reason for unfair dismissal victoria. “Unfortunately, many companies don’t like to have staff on board that pose a risk to their reputation,” says Pinchen. “If you’ve ever done anything wrong previously, that can be used as an excuse for firing someone.”

Tara, who is now in her forties, took her former company to court and in the end was awarded $5,000 compensation, but she believes she might not have had the confidence to go through with it all, had the experience happened to her in her twenties. Ideally, Pinchen would like more companies to be pulled up in front of the courts so male staff think twice about sexually harassing colleagues. “if it does get to the stage where former employees sue their company, its often settled out of court so the company escapes with the least publicity possible,” he says “its [only] the really brave woman who take it to court and make others accountable for their actions.”

Have You Been a Victin of Workplace Harassment?

What can you do if you have been harassed at work? You need to stand up to these bullies and fight for your rights! If, like many you don’t know where to start get in touch with our team of Workplace Advisors. We are experts when it comes to getting justice for employees who have fallen victim to harassment in the workplace. This includes the process and elegibility requirements for and unfair dismissal claim, and general protections victoria. Contact our team today.

Credit

Reprinted from Cosmopolitan October 2010 Edition By Katherine Chatfield

Gary Pinchen is the Principal of A Whole New Approach P/L

The post Why Are Women Still Being Abused in Workplaces Across the Country? appeared first on AWDR.

Last December, Justice Mordy Bromberg found that a male accountant had verbally and physically harassed his female supervisor over three days in May 2009 under s28B(6) of the Sex Discrimination Act, including having sexual intercourse with her while she was intoxicated.

The supervisor was employed by Living and Leisure Australia Ltd (LLA) as its group financial controller, while the accountant worked for labour hire firm Robert Walters Pty Ltd (RWA). He worked with the supervisor under a contract between RWA and LLA.

The accountant initially harassed the supervisor one evening in the office. He then propositioned her in explicit and crude terms across the road in the pub of the Waterside Hotel in Melbourne’s CBD.

The next day he also propositioned her in the KPMG offices, and then again the next day in LLA’s office. That night after drinks in a bar, the accountant then had sexual intercourse with the supervisor in the corridor outside LLA’s office.

The Judge originally assessed the supervisor’s compensation at $476,163. However, after taking account of settlements obtained from other parties, he then ordered the accountant to pay her $210,563 inclusive of interest.

The accountant did appeal these findings, especially the one that noted the Waterside Hotel was actually a “workplace” under s28B(7).  The court dismissed the accountant’s appeal and ordered him to pay the supervisor’s costs.

Section 28B(7), defines a “workplace” as “a place at which a workplace participant works or otherwise carries out functions in connection with being a workplace participant”.

Justices Tony North and Tony Pagone said, in the majority ruling, that the supervisor had not accompanied the accountant to the Waterside Hotel in acceptance of his sexual advances. Instead, she sought “to deal with what she had repeatedly sought to discourage”.  They ruled that she went with him in order to discuss this ongoing harassment.

The judges then noted that it was up to Judge Bromberg to determine the cause of the pub visit.  Justice Bromberg must decide if it was the supervisor’s need to deal with the harassment from the accountant or something else.  They noted that the “function” of both the accountant and the supervisor at the hotel pub “was to deal with what had commenced at the workplace”.

Key Takings

If it’s a work Xmas party, a work function, or a gathering of employees your behaviours could have consequeces.

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Read more about “what is sexual harassment“.

Sexual harassment spans a wide spectrum of behaviours. At one end of the spectrum are the more obvious behaviours such as direct sexual advances, sexual propositioning and sexual assault. These are considered to be more serious, perhaps because they are more overt and identifiable. At the other end of the spectrum, there are the more subtle behaviours such as leering, unwanted sharing of pornographic material and humiliating remarks. These are no less damaging to the victim and constitute a serious form of emotional abuse. Social media now also provides a disturbing new platform for the perpetrators of these types of behaviour.

Vulnerability of Women in the Workplace

A factor that plays a large role in the dynamic of sexual harassment is the dependence of the victim on the perpetrator. In many cases, the perpetrator is in position of power and the victim is too scared to take action for fear of losing her job. Young women, and those who are divorced or widowed, are particularly vulnerable to this sort of harassment, as are those who are in irregular employment. As a result many women experience high levels of workplace stress which leads to increased absenteeism and low work performance.

Do you feel like you are sexually harassed at your workplace? If you are not sure, take a sexual harassment quiz.

Possible Solutions

It is best for the to first try to address the issue with the person involved. Unfortunately, this is often not a viable solution as many victims are dependent on the perpetrators for their employment. If the victim feels uncomfortable about tackling the matter head-on, a complaint can be submitted to the Australian Human Rights commission, at no cost to the complainant. Other routes that can be followed are for the employee to report the offensive behaviour to their trade union or to engage the services of a solicitor.

Explore alternative means to resolve sexual harassment at the workplace.

The post Sexual Harassment of Women in the Workplace appeared first on AWDR.

Examples of Sexual Harassment Behaviours at Work

The acts of sexual harassment may be one or more of the following:

• Unnecessary familiarity, for instance unwelcome touching or intentionally brushing up against you
• Taunts or insults of a sexual manner
• Sneering or staring
• Making suggestive jokes or comments towards you
• Asking intrusive questions or making statements in regards to your private life
• Sending sexually explicit text messages or emails
• Displaying screen savers, magazines, or posters of a sexual nature
• Accessing sexually explicit websites at work
• Indecent exposure
• Obscene communications
• Stalking
• Sexual/physical assault
• Improper advances made on social networking platforms
• Recurring unwanted requests on dates
• Repetitive requests for sex

If you have experienced or encountered sexual harassment in your workplace, it is advisable that you file a complaint to the Commission. Soon after a complaint is filed, the Commission will investigate the incident. Typically, the complaint will be resolved through a method of conciliation.

During this time, the Commission will help both parties that are involved by acting as an unbiased individual. However, if your complaint cannot be resolved, you can take your initial complaint to Court.

Know Your Rights as the Victim of Sexual Harassment

As aforementioned, sexual harassment is unwelcome behaviours that often make the individual feel intimated, offended, or humiliated. It is considered unlawful in accordance of the Sex Discrimination Act (1984). Nonetheless, it is reported that only 21% of all complaints filed to the Commission were related to sexual harassment.

This is largely due to two reasons:

• The role of consent
• Various factors that can shape the results of a claim

It is important that you are able to determine the differences between flirtation and harassment, as well as legal and illegal interaction. Once determined, you should talk to your HR Manager or General Manager about your colleague’s sexual advances. If you are being harassed by your boss, it is best to head straight for the Commission.

Not sure if you have been sexually harassed? Take the Quiz! Go to our “Have I Been Sexually Harassed” page.

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