The ruling puts workplace policies, training and complaint pathways under the spotlight
When workplace complaints are examined years later in court, policies, training records and reporting processes can all come under the spotlight.
That was the case in Te Whaiti v Winc Australia Pty Ltd [2026] FedCFamC2G 1218, where the Federal Circuit and Family Court of Australia dismissed a former employee's claims of racial discrimination, sex discrimination and sexual harassment against WINC and several individual respondents.
The application was filed on February 16, 2022, and the court handed down its decision on June 30, 2026, dismissing the application.
According to the judgment, the employee worked as a labour hire forklift operator and warehouse hand from May 2008 before becoming a direct employee of WINC on June 18, 2012. She remained with the company until August 6, 2020, when her position was made redundant. During that time, she received several promotions and was appointed Transport Supervisor in November 2018.
Her case involved a range of allegations. She claimed she was subjected to comments about her race, Maori and New Zealand background, accent and appearance. She also alleged comments relating to her pregnancies, family responsibilities and sex, as well as sexual harassment involving two workplace individuals.
WINC and the individual respondents denied the alleged conduct.
A key feature of the case was the court's examination of WINC's workplace systems. The...
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