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Article

13 Aug 2014

Author:
Nick Toscano, Age (Australia)

Australia: Companies to be liable for sexual harassment by employees even if happens outside workplace following court decision

"Sexual harassment ruling 'a warning for employers'", 12 Aug 2014

Companies face being liable for sexual harassment charges by their employees even if it happens outside the workplace after a court upheld a payout to a Melbourne woman harassed by a colleague at a pub...Jemma Ewin...was awarded damages of almost $500,000 by the Federal Court in December - one of Australia's largest-ever sexual harassment payouts. Claudio Vergara...was found to have sexually harassed Ms Ewin...On Tuesday, the Federal Court dismissed an appeal by Mr Vergara, who argued that the Waterside Hotel could not be considered a workplace. In a majority decision, the court found the pub met the statutory definition of ''workplace'' because they had gone there to talk about what happened at the office. Sex Discrimination Commissioner Elizabeth Broderick said the ruling showed that sexual harassment could occur outside the physical workplace...if there was a work connection...