A female carpenter was contracted to a building company to provide a service. Part of her duties involved being on site with a team of other workers, most of whom were male. A complaint was made to the Australian Human Rights Commission where she alleged that her supervisor sexually harassed her over the duration of her employment by touching her inappropriately and making inappropriate comments. She refused to return to work after reporting the incident to the building company on the grounds that she is suffering major depression as a result of the alleged sexual harassment. She made a workers’ compensation claim due to her alleged inability to return to work. She also lodged a complaint against both the company and her supervisor with the Australian Human Rights Commission seeking approximately $160,000 in compensation plus future damages.
It was deemed that the insuring clause was triggered. The matter proceeded to a conciliation at the Australian Human Rights Commission. The Claimant and the Insured agreed at conciliation to resolve the complaint by updating the anti-discrimination policy in the workplace, and providing a settlement.
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