Geelong West post office manager must pay $330k over sexual harassment

[TrueBlueTerrier]

http://www.geelongadvertiser.com.au/new ... a0ad285ef8" onclick="window.open(this.href);return false;

A FORMER Geelong West postal worker has been awarded more than $330,000 compensation in a landmark sexual harassment case.

The Victorian Civil and Administrative Tribunal also ordered Pakington St post office owner and manager David Donald Smith pay Amanda Jayne Collins’s $170,000-plus legal fees after finding he pestered her for sex over four months in 2013.

The decision is the highest amount ever awarded by VCAT for a sexual harassment case and covered lost historical and future earnings, damages and medical bills.

The tribunal previously heard Mr Smith, who is in his 50s and married with children, attempted to kiss Mrs Collins, told her he wanted to sleep with her and would do so even if she resisted. He also rubbed her crotch and thighs and offered to pay to massage her.

Mrs Collins gave evidence that she saw her boss as a “friend and father figure” before he told her he found her “desirable” and sent her a Valentine’s Day card, repeatedly spoke about not being able to contain his feelings for her and sent her text messages trying to meet up outside work.

Mrs Collins resigned and sought treatment for depression and anxiety and has since left Geelong to avoid accidentally seeing Mr Smith.

VCAT vice president Judge Pamela Jenkins said the “relentless” acts “constitute a grave example of sexual harassment”.

She found Mr Smith “blatantly disregarded (Mrs Collins’s) happy marital relationship” and acted in defiance of her requests and “increasing distress”.

Judge Jenkins said Mrs Collins was placed in an “intolerable situation” with no one in the company to turn to for help and was “effectively forced out” of a job she loved.

“I also accept that she felt trapped and powerless to prevent (Mr Smith’s) behaviour, particularly where she felt a financial dependency upon her employment,” she said.

“In my view, the circumstances of (Mrs Collins) reflect a particularly vulnerable employee.

“Her trust and confidence in (Mr Smith) and their pre-existing positive working relationship, was shattered by the (Mr Smith’s) initial sexual advance and propositioning.

“Although shocked, embarrassed and humiliated, her response to (Mr Smith)] was measured and designed to facilitate a prompt return to a professional working relationship.

“The harassment could have ended at this early stage and (Mrs Collins) may have been satisfied with a simple apology.” Mr Smith denied Mrs Collins’s claims and attempted to paint her as “provocative and flirtatious” — a view Judge Jenkins rejected.

Court documents obtained by the Geelong Advertiser show Mr Smith’s legal team rejected three offers to settle the case for $60,000 plus costs in April 2013, $50,000 plus costs in January 2014 and $195,000 plus costs in December 2014. Judge Jenkins said that VCAT needed to send a strong message to eliminate sexual harassment.