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Sexual Harassment victim wins $100,000 in damages

Written by: Jason Donnelly

Article Overview: A trainee neurosurgeon has been awarded $100,000 in damages after the Victorian Civil and Administrative Tribunal found that she was sexually harassed by a doctor during the course of her employment.

Sexual Harassment victim wins $100,000 in damages

The trainee, who was in her third year of training at the Monash Medical Centre in Melbourne, told the Tribunal that she had developed a supportive professional relationship with the neurosurgeon from around December 2004. He began inviting her into his private consultation rooms for extra tuition, although she did not take up any of those invitations until the night the harassment took place.

The trainee alleged that the neurosurgeon led her into his consulting rooms when he suddenly approached her from behind, embraced her and kissed her on the lips. He then put his hand on her breast, pinning her against a desk, and as she twisted to get out of his grasp, she saw his erect penis out of his fly. He then said to her “do you want to go down on this”. There were no witnesses to the incident.

The incident was investigated by the Hospital’s internal Human Resources department, which found that the complaint could not be established. The neurosurgeon argued that the trainee made up the allegation.

The judge who determined the case said “there is no question that, if the alleged harassment occurred as alleged, the incident would constitute sexual harassment in employment.”

The judge noted that as a civil case the alleged harassment must be proven on the balance of probabilities. The Judge concluded “it is more probable than not that the incident of sexual harassment occurred and that it occurred in the manner deposed to by the Complainant”, and that “her evidence had a ring of truth about it”.

The neurosurgeon was ordered to pay $100,000 to the trainee. The Medical Centre was not a party to the proceedings.

HR Tip: Although the employee in this case chose to take legal action against the surgeon directly it is important to note that employers can be held vicariously liable if their employees sexually harass another.

Employers should be aware that under federal anti-discrimination laws there is no cap on the maximum penalty that can be awarded against an employer for sexual harassment. To reduce the risk of a sexual harassment claim it is important that employers have a properly drafted EEO Policy in place which covers sexual harassment. It is also recommended that employers provide EEO training to employees and other workplace participants.

Related Articles
  Understanding the Importance of Supervisory Sexual Harassment Prevention Training
  Sexual Harassment in the Workplace
  SEXUAL HARASSMENT – THE CAREER KILLER
  Sexual Jokes, Innuendos and Banter: A Kind of Workplace Bullying?
  Racial and Sexual Harassment in the Workplace

Article Tags: allegation, balance of probabilities, civil case, complainant, consultation rooms, consulting rooms, discrimination laws, erect penis, grasp, hr tip, human resources department, internal human resources, invitations, maximum penalty, monash medical centre, neurosurgeon, private consultation, professional relationship, ring of truth, sexual harassment



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