Worker said she did not feel able to stop or block him as he held a managerial position, making the situation feel intimidating
A manager with nearly seventeen years of service challenged his dismissal after being accused of sexually harassing a colleague through messages and conduct over several months.
The worker contended his dismissal was harsh, unjust or unreasonable, arguing he sent similar messages to friends and relatives worldwide on social media and did not consider his messages inappropriate at the time of sending them.
The employer maintained that the worker engaged in sexual harassment by sending unwanted messages and making repeated requests for dates to a much younger colleague who was vulnerable as an international student.
Following the dismissal, the employer became aware of further conduct, including incidents at the workplace Christmas party, and additional messages that it submitted supported a finding of valid reason for dismissal.
The worker commenced employment with the employer in late 2008. He worked in various positions during his employment and was employed as the fruit and veg manager at one of the employer's stores at the time of his dismissal. The worker's role made him the third most senior employee at his store.
The worker completed training on the code of conduct in early 2024. Code of conduct training includes topics like respectful workplace, bullying and sexual harassment. The training is provided by...
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