No policy, no training, no defence. The judge says the word "all" carries real weight
A Western Australian small business has been ordered to pay more than $125,000 after its sole director sexually harassed a 20-year-old trainee on her fifth shift.
The decision, handed down by Judge Liveris on 21 May 2026 in Wood v Kendall [2026] FedCFamC2G 889, is the kind of judgment HR leaders will want to circulate to every line manager and owner-operator they advise. It sets out, in plain terms, what can happen when a workplace runs without policies, without training, and without anyone treating sexual harassment as a real risk.
The applicant, Caitlin Wood, had been referred to Hearns Hearth House in Midland by disability employment service Max Employment while receiving a disability support pension. On her first day, 14 May 2023, she told the director, Kevin Kendall, about her anxiety and OCD. Four days later, alone with him at work, she was asked about her sexual fantasies, had her hair touched, and was asked whether she would let him kiss her if they were dating, according to evidence accepted by the court. He also made a remark comparing the likelihood of them having sex to her chances of running the business. She left shortly after and never returned.
Judge Liveris found the conduct amounted to sexual harassment under section 28A of the Sex Discrimination Act, and held the company, Heating and Cooling Australia Pty Limited, vicariously liable.
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